Cowman

This appeal is taken by the People from the order of the superior court granting defendant's motion under section 995, Penal Code, to set aside the information theretofore filed against him. In accordance with the order of the municipal court holding defendant to answer after preliminary hearing, this information charged defendant with possession of a sawed-off shotgun in violation of section 12020 of the Penal Code.

The sole question presented by this appeal is whether the action of the police officers in stopping defendant’s car, under the circumstances here presented, so violated defendant’s constitutional rights that no search thereafter conducted could be deemed legal and that no evidence thereby obtained could be admitted. The evidence introduced at the preliminary hearing, other than the sawed-off shotgun itself, consisted of the uncontradicted testimony of one of the arresting officers. This evidence disclosed the following facts:

Officer Staniland, a detective with the Oxnard Police Department, and a fellow officer were proceeding southbound on Oxnard Boulevard at approximately 12:30 a.m. on November 18, 1962, in an unmarked police car, when they observed defendant’s…