Fuentes

This is an appeal from an order granting a motion under the provisions of section 1538.5 of the Penal Code and the granting of a motion to dismiss the cause (as to count I).

In an information filed in Los Angeles on July 16, 1968, defendant was charged in count I with possessing a narcotic on June 22, 1968, and in count II with assault with a deadly weapon upon the body of Geraldine Wagoner on June 22, *855 1968. Defendant made a motion under section 1538.5 of the Penal Code as to count I. The motion was heard and granted and the cause as to count I was dismissed. A timely notice of appeal was filed.

A résumé of some of the testimony or inferences therefrom as elicited from the transcript is as follows: Geraldine Wagoner was on or about June 22, 1968, at about 2 p.m. at or near Fairmont and Central Streets in Los Angeles. The defendant and two companions drove up to where Miss Wagoner was standing, stopped their car and the driver of that car and defendant got out of it. Defendant had a tire iron in his hand and struck Miss Wagoner on the arm, hand and back with the tire iron and knocked her down. Steve Jerrell, the driver of the car, also struck Miss Wagoner with his fist and…