Chapman

People appeal from an order dismissing an information (Pen. Code, § 1238, subd. (a)(1) charging respondents Eric Franklin Chapman (Chapman) and Warrenton Gilmore (Gilmore) with a violation of section 11530 of the Health and Safety Code.

*46 On August 4, 1972, one of the two police officers cruising in a police vehicle on Exposition Boulevard, at approximately 2 a.m., observed a 1964 blue Chevrolet with a smashed out window on the driver’s side, occupied by two males, parked at the curb on the opposite side of the street. The observing officer, thinking the car might have been stolen, turned the police vehicle around and approached the Chevrolet from the rear. Concurrently a license check was in process with headquarters. As the police vehicle was being brought to a stop, the Chevrolet moved from the curb in the direction in which it was headed but stopped immediately when the red lights of the police vehicle were activated. One of the officers exited the police vehicle, ordered Gilmore who sat on the driver’s side and Chapman who was sitting on the passenger side of the Chevrolet out, and directed them toward the police car; both complied forthwith. There is no testimony…