Green

The People have appealed from an order of the superior court which set aside the information charging the crime of possession of heroin (Health & Saf. Code, § 11500) pursuant to the motion of the defendant. The motion was made under the provision of section 995 of the Penal Code that the information must be set aside, on the motion of the defendant, by the court in which he is arraigned when the defendant has been committed without reasonable or probable cause.

The evidence as set forth in the reporter’s transcript of the preliminary examination will be summarized. It was stipulated that a certain forensic chemist would be deemed to have been called as a witness and to have expressed his opinion that two capsules contained heroin. D. J. Collier, a police officer, testified that on November 16, 1959, at about 1:30 to 1:45 p. m. he saw the defendant at Avenue 20 and North Main Street in Los Angeles. When he first saw him, the defendant “was slouched down in the front seat of a 1948 Dodge Coupé.” The automobile was being driven by Robert Patterson. The officer had known the defendant and Patterson. He knew that Patterson was “a known narcotic user.” He had also known the defendant…