Willard

Defendant was charged in an information with possession of heroin. His motion to set aside the information was granted (Pen. Code, § 995) and the People appeal.

At the preliminary hearing Sergeant Hilliard of the Oakland Police Department and assigned to its narcotic detail testified that on August 27, 1964, at about 1 a.m. he and two other police officers went to a single-story duplex house at 5902 Holway Street, Oakland, to make a narcotics investigation. Some 15 minutes earlier, Hilliard had received a telephone call from an informant who stated that Sylvia Chandler and James Lucas were living at the Holway Street address; that Miss Chandler was in possession of heroin; and that defendant was going to the house to see if he could get some of the heroin to take to San Francisco to sell.

At that time Sergeant Hilliard was already in possession of additional information concerning the above parties which he "had received from a second informant over the preceding three or four months. This information was to the effect that Lucas and Miss Chandler were in possession of and selling heroin; that Lucas had been selling heroin for at least three or four months in a specified area;…