Jennings

The People appeal from an order setting aside and dismissing count I of an information charging the defendants with the crime of murder (Pen. Code, § 187). The defendants were also charged with the crimes of arson (Pen. Code, § 447a) and conspiracy to commit arson (Pen. Code, § 182), but the arson and conspiracy counts are not involved in this appeal.

A review of the evidence, as contained in the transcript of the preliminary examination, indicates that the defendants James M. Jennings and Clarence Homer Hurst and one Arthur Clifford Bockstahler formed a partnership in April 1964 for the purpose of organizing and operating a rest home and rehabilitation center for post-cardiac patients. The copartners leased a motel operation known as Laguna Village Motel, Laguna Beach, California, for the purpose of converting it into a combination rest home-clinic for heart convalescents. Because some of the units were still leased to private tenants at the time the copartnership took over the operation of the motel, the conversion of the business into a medical center could not be immediately effected, although items of medical and clinical equipment were installed by the copartners in some of…