Hacker

Petitioner seeks a writ of prohibition to restrain the Superior Court of Tulare County from proceeding in the case of People v. Hacker. The petition was brought pursuant to Penal Code section 999a after the court had denied a motion under Penal Code section 995 to set aside an information charging petitioner with violation of Health and Safety Code section 11500. possession of a narcotic.

The principal ground for his motion below and his petition to this court is that the narcotic which he is alleged to have possessed and which was admitted in evidence over objection at the preliminary hearing, was seized illegally. He also asserts insufficiency of the evidence.

Following commitment to the Department of Corrections *389 and placement at the California Rehabilitation Center at Corona, petitioner was released in an “outpatient status” under the supervision of Field Agent Leigh Byrne. As an outpatient he was obligated to obey the terms and conditions imposed by the Rehabilitation Center. It was Agent Byrne’s duty as supervisor to see that petitioner complied and if he had not, petitioner’s outpatient status could be suspended by Byrne. On July 16, 1967, Byrne obtained a specimen of…