Rigsby

Appellant was convicted on his plea of guilty to violation of section 11910 of the Health and Safety Code (possession of a restricted dangerous drug, barbiturate). On this, appeal, he seeks review of an order denying his motion to suppress evidence. (Pen. Code, § 1538.5, subd. (m).)

*40 The motion to suppress was submitted on the transcript of a preliminary hearing. The facts brought out at the hearing were that Mrs. Johanna Shahan, a 15-year-old married woman, testified that she had been with appellant and another couple at 2:30 or 3 p.m. on November 15, at which time she had consumed some beer, and that upon her request defendant gave her four pills, two “Reds” and two benzadrine, which she took. She remembered cruising about the City of Visalia in defendant’s car sometime between 5:30 and 6 p.m., but nothing else until she was placed in a police patrol car in the City of Tulare, about noon on November 15.

It is obvious from the transcript that the consumption of beer and the four pills, and the afternoon cruising, occurred on November 14, because it was about noon on November 15 when Officer Simpson received a call from the police dispatcher to go to the…