Harris

By information defendant was accused of the crime of vehicular manslaughter. (Pen. Code, § 192, subd. 3(a).) He pleaded not guilty. Defendant moved to set aside the information pursuant to Penal Code section 995. At the hearing on the motion it was granted and the information was dismissed.

The People appeal from the order dismissing the information. The appeal lies. (Pen. Code, § 1238, subd. (a)(1).)

Facts

On May 15, 1974, Nicholas Orlandos, a reserve officer for the City of Hawthorne, was on routine patrol. At approximately 10:30 p.m. at the intersection of Broadway and Crenshaw he “observed two vehicles accelerate rapidly on a green light from Broadway going northbound” on Crenshaw. Officer Orlandos was about 50 to 75 yards behind the vehicles when he made that observation and he saw exhaust smoke pour out from behind them. The vehicle in lane number one was a yellow Pontiac Firebird and the vehicle in lane number two was a black-over-blue Dodge Charger. Officer Orlandos pursued them, but it was not until he reached a speed of 100 miles an hour that he began to gain on them. At approximately 116th Street he activated his red lights and siren.- The Pontiac Firebird…