Aydelott

Petition for writ of prohibition to prevent trial of five counts in a ten-count indictment.

Questions Presented

1. Failure of petitioner to challenge in time the denial of his section 995 Penal Code motion.

2. Are counts 1, 3, 7, 8, and 10 properly joined?

3. Validity of denial of motion for separate trials of the counts.

Record

A ten-count indictment was filed against petitioner, a licensed physician. His motion under section 995 Penal Code to set aside the indictment was granted as to five counts and denied as to the other five counts. The latter will be discussed hereinafter.

In addition to his motion under section 995, petitioner demurred to all counts and also moved for separate trials of each. The demurrer was overruled and the motion for separation denied.

Petitioner seeks review of the adverse actions of the trial court. The sole grounds of the petition are the same as stated in petitioner’s demurrer, namely: (1) alleged lack of jurisdiction of the trial court over counts 7 and 8, misdemeanors, and (2) that the indictment joins offenses not connected in their commission.

1. Review of the section 995 motion comes too late.

That motion was denied on…