Tierney

Thomas S. Tierney, Maxine Tierney and Donald Dean Davidson were indicted by the Grand Jury of Santa Clara County, and charged with conspiracy (Pen. Code, § 182) to violate Penal Code section 484 (petty theft), Penal Code section 311.5 (creation of advertising matter represented or held out to be obscene), and Business -and Professions Code section 17500 (false and misleading advertising) . Respondents moved to set aside the indictment pursuant to Penal Code section 995. The trial court granted their motion. The People appeal.

The transcript of evidence presented to the grand jury shows that five residents of Santa Clara County received through the mail an unsolicited brochure called the “Lupe Ramirez” brochure. It came in an envelope bearing the *3 inscription “Special for executives.” The brochure offered for sale films, still photographs, playing cards and small illustrated comic books. Titles of some of the films were: “Two People And A Blanket’—(One man and one woman)”; “ ‘They Really Give Him A Workout’—(One man and two women)”; “‘No Holds Barred’—(Two women)”; “ ‘Lucky Dog’—(A woman and her dog) ”; “ ‘They Work Up A Sweat’—(Two men).” Prices stated for the films were $25…