Owen

On these proceedings in prohibition we inquire into the jurisdiction of the superior court to fry petitioner Scott Emerson Owen on an indictment of the Santa Cruz County Grand Jury.

Evidence taken by the grand jury revealed the following. Each of three boys, of the respective ages of 16, 15 and 12 years, testified that over a period of two or three years Owen had from time to time furnished him with marijuana, beer and tequila, which was smoked or consumed by him at Owen’s home. There was much uncertainty as to the exact dates, or number of times, when the several substances were furnished, but it was made clear from their testimony that at least once since January 1, 1975, each of the boys had been furnished marijuana and an alcoholic beverage by Owen. Owen was an adult in his 20’s or 30’s. The boys described the substances furnished them and the sensations following their use, leaving little room for doubt that they were in fact marijuana and alcoholic beverages. Additionally, they had said the marijuana was kept by Owen in a “See’s candy box”; a search of his home disclosed marijuana in such a container.

There was.thus reasonable certainty that each of the boys had…