Cole

Following a preliminary hearing, defendant Thomas Cole and a codefendant were held to answer to the charge of possession of marijuana (Health & Saf. Code, § 11530). An information charging them with this offense was subsequently filed. Cole then moved in the superior court, under section 995 of the Penal Code, to dismiss the information as to him. His motion was granted. The People appeal pursuant to Penal Code, section 1238 subdivision 1.

The prosecution introduced this evidence at the preliminary hearing. Los Angeles Police Officers Sawyer and Vuchas received information, on August 19, .1966, from two officers of the sheriff’s department, that a person named Sam and a female friend called Dee possessed about half a kilo of mari *235 juana which was for sale. The officers were informed that Sam and Dee lived in Apartment 9, at 2025 Argyle Avenue, Hollywood. At 3:40 a.m. on the same date, Sawyer and Vuchas went to the apartment to attempt to make a buy. They were both in plainclothes.

Apartment 9 was on the ground floor of the apartment building just off the patio area. When they arrived there the lights were on in the apartment. Through the closed curtains of a window Sawyer…