Dominguez

By information, defendant Dominguez, along with codefendants Bell and Serna, was charged in count I with conspiracy (Pen. Code, § 182) to violate Health and Safety Code section 11912 (illegally selling, furnishing, or giving away a. restricted dangerous drug) ; in count II, defendant and Bell were charged with a violation of Health and Safety Code section 11912; in count III, all defendants were charged with a violation of that section; and in count IV, defendant and Serna were charged with violation of Health and Safety Code section 11911 (unlawful possession of a restricted dangerous drug for purpose of sale).

Count I was dismissed as to each defendant pursuant to motions under section 995 of the Penal Code. Defendant’s motion to dismiss under section 995 of the Penal Code was denied as to the remaining counts against him.

Defendant pleaded not guilty and waived jury trial. By stipulation, the cause was submitted on the testimony contained in the transcript of the proceedings had at the preliminary hearing held on February 17, 1967. All exhibits received at the preliminary hearing were deemed received in evidence, subject to the court’s rulings and each side reserved the right…