Birt

Petitioner seeks a writ of prohibition after respondent superior court denied her motion to set aside an information charging her with burglary (Pen. Code, § 459).

Here, as in the trial court, petitioner contends that she was committed by the magistrate without reasonable or probable cause (Pen. Code, § § 995, 999a). The transcript of the preliminary examination shows that her contention is meritorious.

At about 9:30 p.m. on April 2, 1973, when Mr. Rodney McNutt arrived home in Stockton, he noticed that all the lights were on in his house, and that a Ryder rental van was parked beside it on the grass. Entering the house through a rear door, Mr. McNutt discovered that some of its contents were missing and some had been moved to the kitchen doorway.

Mr. McNutt heard the side doors of the van slam shut. He went outside, opened the driver’s door, and looked for keys in the ignition. Finding no keys, he turned and started toward a neighbor’s house to have the police notified. However, upon hearing the driver’s door close behind him, Mr. McNutt went back to the van and opened the door again. This time he saw two adult males in the back of the vehicle. The' two men, whom Mr.…