Martin

Defendant was charged by information with possession of marijuana (Health & Saf. Code, § 11530) and possession of restricted drugs for sale (Health & Saf. Code, § 11911). When the cause came on for trial, a hearing was had to determine defendant’s motion to suppress evidence (Pen. Code, § 1538.5); by stipulation the court first examined the transcript of the testimony taken at the preliminary hearing then heard testimony of Officer Ridenour and defendant. Upon the sole ground that Ridenour’s informant was a material witness whose identity was not disclosed, the court granted the motion to suppress; when the prosecution immediately thereafter indicated that it had no evidence other than that suppressed, the court dismissed the action “in the interest of justice.” From the order granting defendant’s motion under section 1538.5, Penal Code, and order of dismissal the People appeal.

The following was adduced at the preliminary examination and de novo at the subsequent superior court hearing. Early in September of 1968, Officer Ridenour, assigned to the narcotic division for four years, received information from a confidential and reliable informant that one “Marty” and one…