Mold

Burt Mold, also known as Burt Burton, is one of those indicted with Lorenson, Weber, and 10 other persons for conspiracy to commit assault with a deadly weapon, robbery, and to pervert or obstruct justice or the due administration of the laws, all in violation of section 182 of the Penal Code.

The facts concerning Mold’s activities in furtherance of the alleged conspiracy are fully stated in Lorenson v. Superior Court, ante, p. 49 [ 216 P.2d 859 ]. He contends, as do Lorenson and Weber, that because the indictment is unsup *74 ported by any evidence, he is entitled to a writ of prohibition to restrain the superior court from proceeding, as to him, with the trial of the action.

Mold’s connection with Jerome Weber is not definitely shown, but it may be inferred that their relationship was more than that of attorney and client. They were intimate friends and Mold was a frequent caller at Weber’s office.

Mold was in Weber's office at the time of the attack upon Pearson. Although the arrested suspects did not arrive at the Wilshire Station until approximately 4:25, according to the testimony, Weber called the station 20 minutes earlier to inquire if anyone had been arrested in…

I dissent.

Mold’s part in the factual setting appears in my dissenting opinion in Lorenson v. Superior Court, ante, p. 49. It is apparent therefrom that there is no evidence connecting Mold with the conspiracy. He was a close friend of Weber, casually knew Cohen, and apparently, from his remarks when he took part in Weber’s telephone call to the Wilshire Station, he knew some of Cohen’s associates, for he mentioned them at that time. Clearly, as in the Lorenson and Weber cases, there is no evidence connecting Mold with the conspiracy.

I would, therefore, grant the writ of prohibition prayed for by him.

Gibson, C. J., and Traynor, J., concurred.