Penney

On January 26, 1972, the Grand Jury of Tulare County indicted petitioners for the murder of Charles Gibson. On February 18, 1972, petitioners entered pleas of not guilty. On May 8, 1972, they moved to dismiss the indictment on the grounds that they had been denied due process of law by reason of pre-indictment delay. An evidentiary hearing on the motion to dismiss was held in respondent court on May 30, 1972, before N. O. Bradley, judge. On June 21, 1972, the motion was denied. On July 27, 1972, the petition for writ of mandate was filed in this court. On August 22, 1972, respondent was ordered to show cause why such extraordinary relief should not be granted.

The threshold question is whether the petition was timely filed in this court. Respondent argues that petitioners made their motion to dismiss the indictment pursuant to Penal Code section 995, and that this court lacks jurisdiction to hear the cause in that the petition was not filed within the 15-day time allowed by Penal Code section 999a. This argument is without merit because the time limitation provided by this section applies only to a petition for a writ of prohibition predicated upon the ground that the…