Garabedian

Garabedian v. Superior Court

Good Law
1963 Cal. LEXIS 148·28 Cal. Rptr. 318·59 Cal. 2d 124·378 P.2d 590
Supreme Court of CaliforniaFebruary 14, 1963S. F. No. 21236California1,123 words

Opinion

lead Opinion

McComb, J.

Petitioner seeks a writ of prohibition commanding the Superior Court of the City and County of San Francisco to dismiss an information charging him with a violation of section 20001 of the Vehicle Code.

Section 20001 of the Vehicle Code reads: “The driver of any vehicle involved in an accident resulting in injury to any person, other than himself, or death of any person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004, and any person failing to stop or to comply with the requirements under such circumstances is guilty of a public offense and upon conviction thereof shall be punished by imprisonment in the state prison for not less than one year nor more than five years or in the county jail for not to exceed one year or by fine of not to exceed five thousand dollars ($5,000) or by both.”

At the time of his arraignment petitioner moved to have the information set aside on the ground that he had been held to answer without reasonable or probable cause. The trial court denied the motion.

The question for us to determine is whether there was any evidence, direct or indirect, at the preliminary hearing, of…

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