Thomas

J.—Respondent Roy Gene Thomas was charged by information with violating Penal Code sections 136, 137. His motion to set aside the information (Pen. Code, § 995) was granted and the People appeal.

The People introduced the following evidence at the preliminary hearing: Respondent's mother, Louise Thomas, was on trial in Department 23 of the Los Angeles Superior Court, in connection with the shooting of Georgia Modock's son. Georgia Modock had been told by a police officer that she was going to testify in the proceedings and was seated in the hallway outside Department 23 on June 22, l977. Respondent entered Department 23, looked at Mrs. Modock, pointed at her, and in a loud, clear, and angry voice said, according to her testimony, "that he was going to kill my mother-fucking ass and he was going to fuck me up," and "`You put my mother in jail, you had my mother picked up.' " Mrs. Modock immediately reported the incident to a deputy sheriff in the hallway and respondent was arrested.

In granting the Penal Code section 995 motion the court said, “Well, don’t get me wrong, Mr. Sweeters [deputy district attorney]. I don’t condone any action from which you can draw a…