Newton

The People appeal from an order of the Superior Court of Siskiyou County dismissing an indictment. On February 14, 1963, the Grand Jury of Siskiyou County filed an indictment against respondent herein which, on its face, allegedly charged a violation of section 136% of the Penal Code of this state in that on or about January 30, 1963, respondent gave a bribe of $20 in money and a bus ticket from Redding, California, to Reno, Nevada, to one Ted Haley Robinson, then and there a witness and a person about to be called as a witness “in a certain action entitled The People of the State of California v. Charles O’Donnell, then pending in the Yreka Justice Court, in and for the County of Siskiyou,” the bribe having been given and accepted upon an understanding and agreement that said Ted Haley Robinson would not attend upon the trial and hearing of said action and proceeding.

Respondent herein moved for dismissal upon the ground that the evidence before the grand jury did not disclose probable cause for the indictment. That evidence, stated briefly, was as follows:

We agree that a preliminary hearing is not a trial within the meaning of that word as used in the statute. And further…