Brown

The defendant was charged by information filed by the District Attorney of Los Angeles County on January 18, 1966, with the crime of violation of section 11500 of the Health and Safety Code (possession of heroin). On January 26, 1966, he was arraigned, at which time he moved to dismiss the information under the provisions of section 995 of the Penal Code. On February 2, 1966, the motion was argued and granted upon the grounds that the defendant had been committed without reasonable or probable cause. The appeal is from the order dismissing the information.

The testimony adduced at the preliminary examination discloses the following:

James E. Sanford, a police officer for the City of Los Angeles, at about 7 p.m. on November 23, 1965, saw the defendant at the rear of a bar situated at No. 2 Windward, in the Venice area of the City of Los Angeles. Officer Sanford had been informed that the defendant was working at this bar and that he used and was selling heroin. He was also informed that the defendant owned a brown Cadillac automobile, and that he conducted his narcotics business from apartment 4 at No. 30 Horizon in the Venice area of the City of Los Angeles.

At the time Officer…