Azevedo

The People have appealed from an order of the superior court granting the defendant’s motion to set aside an information. The information contained three counts, the offenses charged being respectively burglary (Pen. Code, § 459), receiving stolen property (Pen. Code, § 496), and grand theft (Pen. Code, §§ 484, 487). The defendant’s 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. Raymond Childers testified that he resided in Atascadero with his wife and his two sons, Arthur and John. In February of 1962, Arthur was 15 years old and John was 17 years old. When Mr. Childers returned to his home about 5:10 p.m. on February 19, 1962, he went into the barn and discovered that an impact wrench and drill were missing. On February 22, 1962, he went to the building which contained his gun room, unlocked the door and entered. He had not theretofore been in that room at any time…