West

By information, defendant was charged with possession of marijuana. (Health & Saf. Code, § 11530.) Defendant pleaded not guilty and moved to set aside the information (Pen. Code, § 995). The motion was granted, and the People appeal.

At defendant’s preliminary hearing, Los Angeles City Police Officer Melvin Cunningham testified that on September 15, 1971, he and his partner drove to the vicinity of 147 East 56th Street, Los Angeles, in response to a “radio call that there was a 415 or a disturbance at that location due to a group fight.” Upon their arrival, Cunningham did not observe any fighting, but did observe defendant in a vacant lot. Defendant appeared to be having difficulty standing and was “steadying” himself on another man. Defendant and the other man approached the police officers, and Cunningham saw that defendant’s face was cut and bleeding. Defendant’s brother, who was also present, told the policemen that he and defendant had been fighting. Defendant “acknowledged” having fought with his brother. Defendant had “a strong alcoholic odor, and when he walked, he walked very unsteady, his speech was very thick and heavy to the point of becoming incoherent. . .…