People v. Acosta

After a preliminary hearing defendant and respondent was charged by information with the crime of having in his possession a narcotic, without describing it. After information filed in the superior court, defendant’s counsel moved to set it aside under section 995 of the Penal Code and the motion was granted. The People appealed.

The question before the trial court was whether defendant. was illegally committed, or committed without reasonable or probable cause. It is defendant’s claim that the principal evidence against him at the preliminary examination was obtained in violation of his…