Pearsall

The People appeal from an order granting defendant’s motion to dismiss the information under section 995 of the Penal Code. He was accused of unlawfully possessing marijuana.

The record on appeal does not include a recital of the contents of the motion. Said section 995 provides, in part, that an information must be set aside, upon motion of the defendant, if the defendant has not been legally committed by a magistrate or has been committed without reasonable or probable cause.

The transcript of the preliminary examination shows that officer Hardwick testified in substance, as follows: On March 22, 1962, about 1:15 a.m., while he and another officer were walking on West Adams Boulevard in Los Angeles, he saw the defendant sitting in the left front part of an automobile which was parked in front of Dynamite Jackson’s Bar, and apparently defendant was asleep. He (witness) aroused the defendant by tapping on the car window, and then asked him to step to the sidewalk. Defendant went there, and the officer observed that defendant’s condition was stuporous, his eyes were bloodshot, and there was an odor of alcoholic beverage on his breath. The officer, after forming the - opinion that…