People v. Superior Court (Persons)

Petitioners, the People of the State of California, seek a writ of prohibition restraining respondent superior court from enforcing an order in the case of People v. Freddie L. Persons and Charles A. Scott (No. 91484) which granted a motion by Persons and Scott for a post-indictment preliminary hearing.

Persons and Scott were jointly charged with murder (Pen. Code, § 187) by indictment filed on December 10, 1975. Additional counts of the indictment charged Persons with assault with a deadly weapon (Pen. Code, § 245, subd. (a)) and possession of a concealable firearm (Pen. Code, § 12021); Scott was charged with assault with a deadly weapon and possession of a loaded firearm (Pen. Code, § 12031). A motion by Persons and Scott to dismiss the indictment under Penal Code section 995 was denied. Thereafter, they moved the court for an order setting a post-indictment preliminary hearing. Respondent court issued the following order:

“The proceedings in the superior court are hereby stayed.

“The matter is referred to the Municipal Court for the purposes of holding a post-indictment preliminary hearing to determine whether there is reasonable and probable cause to hold the…