Bartlett

Following a jury trial defendants were found guilty of second degree burglary, denied probation and sentenced to state prison. They appeal from the judgments of conviction.

Defendants contend that the judgments should be reversed because (1) the offense for which they were convicted was not included in the commitment order holding them to answer; (2) evidence of other offenses was erroneously received; (3) prejudicial evidence tending to show that defendants- were narcotic addicts was improperly received.

Following a preliminary examination defendants were held to answer on a criminal complaint charging two counts of burglary, one occurring on November 2, 1965, involving a service station owned by Frank Valenti and the other occurring on June 23, 1965, involving a garage owned by Frank Paz. The information filed by the district attorney charged defendants not only with the two counts on which they had been committed but an added count of burglary allegedly committed on November 2, 1965, involving the garage owned by Frank Paz.

On a motion under section 995 of the Penal Code, the two counts on which defendants were originally held to answer were dismissed for lack of evidence of…