People v. Thymiakas

By information, defendant was charged in one count with the possession of heroin, in violation of section 11500, Health and Safety Code. His motion to set aside the information on the ground that there was no reasonable or probable cause to believe he committed the offense charged was granted. (See Pen. Code, § 995.) The People appeal. We have concluded the decision of the trial court is correct.

At the preliminary hearing, Officer Rock, who was one of the arresting officers, testified that he and his partner were given information “around 11:00 P.M.” on February 17, 1955, that “defendant was…