People v. Superior Court Los Angeles County

Defendant was charged by information with possession of marijuana (§ 11530, Health & Saf. Code); after arraignment he made dual motions—to suppress the evidence (§ 1538.5, Pen. Code) and to dismiss (§ 995, Pen. Code). At a special hearing on June 18, 1968, both motions were heard at the same time on the transcript of the testimony taken at the preliminary hearing, and granted. Before us are the People’s appeal from order granting defendant’s “1538.5 & 995 motions” (2d Crim. 15546) and subsequent petition for writ of mandate to review the ruling on the motion to suppress the evidence (2d Civ.…