Ureta

Petition for writ of prohibition to restrain the Superior Court of Monterey County from proceeding further in the prosecution of a charge of violation of section 187, Penal Code (murder).

Question Presented

Is the corpus delicti proved by showing merely that the death was caused by morphine poisoning ?

Record

Petitioner was charged with the crime of murder. After being held to answer at the preliminary examination, petitioner moved the superior court, under section 995, to set aside the information. On the denial of his motion petitioner filed his petition herein.

Disregarding, as we must, in determining whether there was probable cause shown that the death was caused by the criminal agency of another, the admissions of petitioner (People v. Cullen (1951) 37 Cal.2d 614, 624 [ 234 P.2d 1 ]), the sole evidence in the case is as follows:

This testimony shows that petitioner entered the police department and reported that there was a dead man in his room. Petitioner accompanied officers to his room which he unlocked for them. He then stated to them that deceased had been sleeping on the floor and had died at that particular location. Petitioner stated that he had found the…