People v. Jackson

After a preliminary hearing defendant was bound over on a charge of possession of marijuana for sale. (Health & Saf. Code, § 11530.5.) The superior court set aside the information after a motion under Penal Code, section 995. The People appeal. (Pen. Code, § 1238, subd. 1.)

The evidence before the committing magistrate may be summarized as follows: Officers Barton and Schmidt of the Los Angeles police department were in a black and white patrol car at about 7:15 p.m. on May 6, 1965. They were northbound in a residential area. Defendant was observed southbound, driving a ear with a defective windshield. It appeared as though a rock had been thrown at it. The officers turned their car around and stopped defendant about one block from where they had first seen him. The side windows of his car were up. Defendant stepped out of his car, leaving the door open. When Officer Barton approached the vehicle to check the windshield he noticed a strong odor which, based on adequate experience and training, he identified as the smell of marijuana coming from a smoked cigarette. Defendant’s eyes were glassy, “one of the symptoms of being intoxicated.” Barton’s partner, Officer Schmidt,…