O'QUINN

The People appeal from an order under Penal Code section 995 dismissing an information charging defendants Rudolph O’Quinn, Ola Robertson, and Veola Henderson with murder and attempted murder.

The previously unsolved murder was committed August 24/25, 1975. The instant preliminary hearing was held January 31, 1978, and the crucial evidence was contained in the statements of a witness, Algen Sledge, made to the police on January 7 and January 19, 1978. In her testimony at the preliminary hearing, the witness Sledge professed not to remember either the circumstances of the murder or the statements she had recently made to the police. The magistrate found the witness’ “I don’t remember” responses to be evasive and untruthful and therefore admitted into evidence the statements to the police as prior inconsistent statements under Evidence Code section 1235. (People v. Green (1971) 3 Cal.3d 981, 985-989 [ 92 Cal.Rptr. 494 , 479 P.2d 998 ].) The superior court disagreed with the magistrate’s ruling and dismissed the information under Penal Code section 995 on the ground there was no adequate basis in the record for admission of the statements under Evidence Code section…