Donahue

In an information filed by the Santa Clara County District Attorney, the respondents were charged in count I with violation of Penal Code section 182 (conspiracy to violate Pen. Code § 311.2 during the months of March 1971 through February 1973). As overt act one the information charged that in the County of San Francisco respondent Donahue produced a film entitled “First Time Around.” Overt act two charged that in the County of Santa Clara respondents Sandlow and Corsi exhibited the film on or about February 21, 1973, to February 28, 1973. Count II of the information charged respondents with violation of Penal Code section 311.2 (preparation, distribution, and exhibition of obscene matter). Respondents moved under Penal Code section 995 to set aside the information on the ground that the defendants had been committed by the magistrate without reasonable and probable cause.

The superior court granted the motion as to all respondents with respect to count I. Count II, the misdemeanor count, was ordered returned to the municipal court for further proceedings. This appeal is from the order setting aside the conspiracy count.

At the preliminary hearing it was established…