Zimnicki

Defendant appeals following entry of judgment of conviction on one count of violation of Health and Safety Code section 11530 (possession of marijuana). The trial court made the finding of guilt after submission of the cause on the preliminary hearing transcript. The defendant had earlier made motions under Penal Code sections 995 and 1538.5, both of which were denied by the trial court.

Defendant raises the following contentions on his appeal, all of which follow from his basic premise that the stopping of his vehicle and the seizure of marijuana therefrom were improper in that: (1) the arresting officer did not have probable cause to stop and search the vehicle; (2) the information furnished by the two hitchhikers was not sufficiently factual to establish reliability; and (3) the prosecution did not sufficiently prove its case at the preliminary hearing. (People v. Harvey (1958) 156 Cal.App.2d 516 [ 319 P.2d 689 ].)

Facts

Edward Frenick, dispatcher for the California Highway Patrol in the Yreka area, was on duty January 4, 1972, at 1 a.m. He received a call by radio from the Oregon State Police in Medford at 1:32 a.m. The call was to the effect that a hitchhiker…