Miles

The People appeal from an order of the superior court granting the motion of defendant under section 995 of the Penal Code to set aside an information charging defendant with possession of marijuana. The motion was submitted on the transcript of the preliminary hearing at which a police officer was the single witness.

Officer House related that, on the night of December 27, 1968, at about 10:30 p.m., he and his partner were on patrol in a marked police vehicle when they observed a panel truck traveling westbound on Carson with a “very loud exhaust.” They proceeded after the vehicle and stopped it for the apparent equipment violation. While his partner approached the driver’s side of the truck to talk to the driver, Officer House walked over to the passenger side. He looked inside at the two passengers who were both sitting in the front seat. Defendant was one of the passengers. She was sitting in the middle. The driver and the other passenger were both males. Defendant and the male passenger looked “very young.” Defendant looked *327 about 16 or 17 years old. Officer House was aware that in this area there were “many runaways.” Under similar circumstances, about a week…