Swann

This is an appeal by the People from the order granting defendant’s motion under section 995 of the Penal Code to set aside the information.

Defendant was charged by information with two counts of forgery in violation of Penal Code section 470, a felony. The charges arose out of defendant’s alleged use of an oil company credit card on two occasions without the knowledge or permission of the party to whom the credit card had been issued.

The facts, as developed in the preliminary hearing, show that Robert Scott Griffith lost a Standard Oil credit card which apparently was subsequently used by defendant to make purchases at a gas station of $31.03 on September 25, 1961, and $2.52 on October 5, 1961. In the course of making these purchases defendant, without permission, signed Robert Griffiths’ name on two credit invoices and obtained merchandise or service. A police officer testified at the preliminary hearing that defendant admitted signing the two credit invoices with the name “Robert Scott Griffith.”

Penal Code section 484a became effective on September 15, 1961. That section provides in part:

The sole question presented by this appeal is whether the acts of defendant…