Cantley

Appeal by the People from an order setting aside the information on the ground defendant had been committed without reasonable or probable cause. (Pen. Code, §995.)

The information charged that on November 5, 1957, defendant did unlawfully own and have in his possession and under his custody and control a .38 caliber revolver capable of being concealed on the person and having a barrel less than 12 inches in length, and that defendant had theretofore, on November 15, 1940, been convicted of a felony by the United States District Court of the Western District of Arkansas in violation of section 12021 of the Penal Code.

Penal Code, section 12021, provides that any person who has been convicted of a felony under the laws of the United States “who owns or has in his possession or under his custody or control any pistol, revolver, or other firearm capable of being concealed upon the person is guilty of a public offense.”

Mix Lewis, a police officer of the city of Los Angeles, testified at the preliminary hearing as follows: about 10:45 p. m. on November 5, 1957, he, in company with another police officer, saw defendant get out of his automobile in front of 1401 Santee Street in Los…