Russell

Petitioner Russell was charged in a two-count information with the offense of possession of a restricted dangerous drug in violation of Health and Safety Code section 11910, and possession of such a drug in the “San Diego Honor Camps” in violation of Penal Code section 4573.6; moved to dismiss the information pursuant to Penal Code section 995, upon the ground the evidence before the magistrate did not support a finding of probable cause to hold him to answer; and, upon denial of his motion, seeks a writ of prohibition to restrain further proceedings under the information upon the same ground.

Probable cause to hold an accused to answer to a criminal charge is shown where, from the evidence before the magistrate, “a man of ordinary caution or prudence would be led to believe and conscientiously entertain a strong suspicion” an offense has been committed and the accused is the offender. (Bompensiero v. Superior Court, 44 Cal.2d 178, 183 [ 281 P.2d 250 ]; People v. Landry, 230 Cal.App.2d 775, 779 [ 41 Cal.Rptr. 202 ].)

For a period of approximately three weeks prior to March 24, 1970, petitioner had been an inmate of a county honor camp; on that date manifested symptoms…