People v. Mills

The People appeal from an order made under Penal Code section 995, setting aside an information which charged respondents with violation of section 11530 of the Health and Safety Code (possession of marijuana). We uphold the trial court’s determination that the evidence heard at the preliminary hearing was not sufficient to sustain an order holding the defendants to answer.

The magistrate’s order holding respondents to answer rested entirely upon evidence, admitted over objection, which had been seized in a night search under authority of a search warrant. There is no contention that the facts…