Duckett

This appeal is taken by two of several codefendants from judgments of conviction which followed a nonjury trial. Appellant Duckett was convicted on three counts charging sales of marijuana in violation of section 11531 and on one count charging possession of marijuana in violation of section 11530 of the Health and Safety Code. Appellant Wilson was convicted on one count charging a sale of marijuana in violation of section 11531 of the same code. Probation was denied in each instance and appellants were sentenced to state prison for the terms prescribed by law.

No question is raised regarding the sufficiency of the evidence. The sole assignment of error presented for our consideration is that reversible error was committed when the magistrate before whom the preliminary hearing was held denied appellants’ motion to exclude the investigating officer from the courtroom during the proceedings and later permitted him to testify as a witness for the prosecution. Appellants urged this contention at the preliminary hearing, in a subsequent motion to dismiss the information made under Penal Code section 995, and in motions to dismiss made at the commencement of the trial and at the time…