Hardin

On January 31, 1967, a criminal complaint was filed in the municipal court charging defendants here (and others) with a felony (unlawful possession of marijuana), and a misdemeanor (being present in a place where narcotics are being unlawfully used).

On February 1, 1967, with counsel, defendants and their codefendants were arraigned before a magistrate on the felony-misdemeanor complaint, and were ordered to appear February 28,1967, for a preliminary hearing.

At the conclusion of the preliminary hearing two codefendants, upon motion, were referred to the juvenile court; four codefendants were bound over to the superior court on the felony-misdemeanor counts; and, as to the defendants here, the magistrate found the evidence insufficient to hold them to answer the felony count and dismissed it. However, he held the evidence sufficient to hold defendants on the misdemeanor count, and ordered them to appear in the superior court *956 March 21, 1967, together with the four codefendants bound over on both the felony and misdemeanor counts.

On March 21, 1967, all parties appeared as ordered in the superior court with counsel. At this appearance, since the information charged these…