De Mond v. Superior Court

Defendant William De Mond seeks a writ of prohibition restraining the Superior Court of Los Angeles County from taking any further action upon an information charging him with the offense proscribed by section 10851 of the Vehicle Code. 1

Defendant contends that he was committed without reasonable or probable cause in that the evidence introduced at the preliminary examination was insufficient as a matter of law to warrant holding him to answer. We have concluded that the contention is without merit and that the writ should be denied.

By complaint filed in municipal court defendant was *342 charged with grand theft of an automobile (Pen. Code, § 487, subd. 3) and violation of Vehicle Code, section 10851. After preliminary examination the committing magistrate dismissed the charge of grand theft but held defendant to answer on the charge of violating section 10851 of the Vehicle Code. Thereafter an information was filed in the superior court charging defendant with grand theft (Count I) and violation of Vehicle Code, section 10851 (Count II). Defendant moved to set aside the information on the ground that he had been committed without reasonable or probable cause (Pen. Code, §…