Mardis

The petitioner is the defendant in criminal action No. 16718, pending in the County of San Bernardino, entitled “The People of the State of California, Plaintiff v. James William Mardis, Defendant.” On March 6, 1963, a preliminary hearing was held in the Justice Court of the Bar-stow Judicial District, and the defendant was held to answer to the superior court. The transcript of the testimony on the preliminary hearing is before this court.

On March 18, 1963, the district attorney filed an information charging the defendant with the crime of possession of a firearm by a felon, Penal Code section 12021. By a timely motion petitioner sought to set aside the information pursuant to the provisions of section 995 of the Penal Code; the trial court denied the motion on April 5, 1963. Upon arraignment, the defendant entered a plea of not guilty, and his trial was set for May 27, 1963. Prior thereto, the petitioner filed a petition for a writ of prohibition; the order to show cause was issued, and the proceedings in the trial court were stayed pending a decision.

Petitioner claims that he was committed without reasonable or probable cause. This contention is predicated on the opinion of…