Rollins

Rollins v. Superior Court

Good Law
1963 Cal. App. LEXIS 1520·223 Cal. App. 2d 219·35 Cal. Rptr. 734
Court of Appeal of CaliforniaDecember 11, 1963Civ. 27708California1,460 words

Opinion

Opinion

Herndon, J.

Petitioner Rollins seeks a writ of prohibition to prevent the trial court from proceeding against him following the denial of his motion to set aside an information charging him with the commission of a felony. Appellant’s motion was made on the ground that he had been committed without reasonable or probable cause. (Pen. Code, §§ 995, 999a.)

Counts II to VII of the information charge petitioner and several codefendants with committing the crime of burglary in various locations in the Los Angeles area on dates ranging from March 16, 1962, to February 21, 1963. Count I charges the several defendants with the crime of conspiracy to commit the crimes of burglary, receiving stolen property and forgery.

At the preliminary hearing, the People presented the testimony of numerous persons to the effect that they, or the companies by whom they were employed, had been the victims of burglaries or shopliftings. These witnesses identified various exhibits as merchandise which had been stolen from them.

The testimony of police officers was then offered which indicated that, with one exception, all these exhibits had been recovered either from the apartment occupied by codefendants Leslie and…

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