Kemick

Defendant was charged in two counts with possession of restricted dangerous drugs (§ 11910, Health & Saf. Code [seconal and benzedrine]). After entering a plea of not guilty she moved under section 1538.5, Penal Code, to suppress the evidence. The matter was submitted to the court on the transcript of the testimony taken at the preliminary hearing. The motion was denied whereupon she withdrew her plea of not guilty as to count I, was rearraigned thereon and entered a plea of guilty thereto. Count II was dismissed. She appeals from the judgment (order granting probation).

On March 1, 1969, around 8 p.m. State Patrol Officer Bianco found defendant lying unconscious on the roadway on Slauson Avenue two feet from the edge of the road surrounded by a group of people; he summoned an ambulance but before it arrived a car drove by and fired two shots into the crowd and at him causing him to leave in pursuit. Around 8:08 p.m. and just after the ambulance left, Officer Fiscus arrived; he asked what had occurred and after talking to various bystanders determined that there had been no accident but that a person unconscious had been taken to the hospital. At 8:30 p.m. he saw…