Fourshey
People v. Fourshey
Opinion
Lead Opinion
Elkington, J.
The People appeal from an order (termed “judgment” in the notice of appeal) of the superior court granting defendants’ motions to suppress evidence (under Pen. Code, § 1538.5), and to dismiss an in *428 formation (under Pen. Code, § 995) charging them with possession of heroin for sale (Health & Saf. Code, § 11500.5 [now Health & Saf. Code, § 11351]) and transportation of heroin (Health & Saf. Code, § 11501 [now Health & Saf. Code, § 11352].)
The motions had been submitted for decision on the transcript of a preliminary hearing which contained the following uncontradicted evidence.
A previously tested and reliable informer and heroin addict told City of Richmond police officers that he had been purchasing large quantities of heroin from one Lloyd Fourshey over a six-to-eight-month period. He informed them that Fourshey often delivered the heroin to his (the informer’s) apartment in Richmond. Sometimes, he said, Fourshey came alone with the stuff, but at other times he came with another man, or with one Marie from Marin City or one Vera from San Francisco. “When he was with somebody, part of the time the other person would have it.” If he was with Marie “there was a…