Bevins

*423 Opinion

By this appeal from a judgment of conviction entered upon a guilty plea to violation of Health and Safety Code section 11530 (possession of marijuana), defendant challenges the denial of his motion to suppress evidence pursuant to Penal Code section 1538.5. 1 This motion was submitted by stipulation on the preliminary hearing transcript which discloses the following facts.

On the morning of August 29, 1968, Deputy Sheriff Richard Hesenflow, a narcotics investigator 2 received a telephone call from a Mrs. Mallory. Mrs. Mallory informed Hesenflow that she had overheard a telephone conversation between her teenage daughter Janet and a person named John. Mrs. Mallory told Hesenflow that in this conversation Janet had asked John if she could purchase some “speed” from him. 3 John replied that he didn’t have any, but he could take her some place to someone who did. Arrangements were made to meet after school hours at Janet’s school. Janet also made the statement that they would “have to walk wherever they go.” At this point Hesenflow terminated the conversation and told Mrs. Mallory he would come to see her personally. Within the hour he arrived at the Mallory home and…