Jordan

The People appeal an order entered November 10, 1970, dismissing its action against Samuel Jordan and Fania Jordan under Penal Code section 1008 after the defendants’ demurrer .to an 18-count indictment had been sustained on June 22, 1970, and the People stood on the indictment rather than take advantage of. an opportunity to amend it.

Facts Before the Grand Jury

On November 17, 1969, between 11 and 11:30 p.m., San Diego Deputy Sheriffs Moorhead and Palmer saw Fania Jordan hitchhiking on Highway 101 near 27th Street in Del Mar. She was nicely dressed, but had no purse or shoes although she wore nylon stockings.

Palmer approached and greeted Fania asking what was going on. Fania said shé was hitchhiking to a friend’s house in Cardiff. She appeared angry, upset and hostile. Moorhead approached and asked if Fania’s car had broken down. She said she was going to Cardiff, did not want to talk to the deputies and then started walking away.

The deputies asked Fania for identification. Initially she refused, but after asking for, and being given, the deputies’ identification, she said she was Fania Davis. She again said she did not want to talk to the deputies but Moorhead…