Thompson

Petitioner is defendant in a criminal action, number A229289, now pending in the Superior Court for Los Angeles County, in which he is charged with posses sion of marijuana in violation of section 11530 of the Health and Safety Code. The information was filed February 15, 1968. On March 4, according to the minutes for that day, “Defendant’s motion for dismissal under Section 995 Penal Code and motion to suppress evidence pursuant to Section 1538.5 Penal Code [were] argued and both denied.”

On April 3, 1968, defendant filed the petition now before us for a writ of mandate directing the respondent court to suppress certain evidence or, in the alternative, for a writ of prohibition restraining that court from taking any further proceedings on the charge now pending against him. We issued an alternative writ commanding the respondent court to vacate its order denying defendant’s motion under section 1538.5 and to grant that motion or to show cause why it had not done so. No return to that writ was filed by the respondent or by the real parties in interest. When the matter was called for hearing on the return day the petitioner and the People submitted the matter without oral…