Torralva

Appellant was charged with a violation of Health and Safety Code section 11530 (possession of marijuana) and pleaded not guilty. Appellant’s motion made pursuant to Penal Code section 995 was denied, and a motion made pursuant to Penal Code section 1538.5 was denied.

By stipulation, the matter was Submitted on the transcript of the preliminary hearing and the transcript of the section 1538.5 hearing. The court, after ascertaining that the appellant understood the nature of the proceedings and that he was waiving his right to a jury trial, found appellant guilty. The appeal is from the judgment.

On June 2,1969, at 4:30 a.m., a Santa Rosa police officer investigated a 1955 Chevrolet station wagon parked outside Denny’s Restaurant. The *689 vehicle had neither a license plate nor a suspension receipt. A temporary paper license plate attached to the back window was only partially visible. There were two occupants sleeping in the rear of the vehicle. The officer awakened them and asked if either was the vehicle’s owner. They said that the owner was inside, that they were hitchhikers whom the vehicle’s owner had just picked up and that they did not know the owner personally.…