Polos

Polos v. Superior Court

Good Law
175 Cal. App. 2d 210·1959 Cal. App. LEXIS 1321·345 P.2d 981
Court of Appeal of CaliforniaNovember 12, 1959Civ. No. 18939California1,045 words

Opinion

Lead Opinion

Foley, J.

Petitioner was accused by informa tion of the crime of burglary. He moved to set aside the information upon the ground that he had been committed without reasonable or probable cause. This motion was denied. He now seeks a writ of prohibition to restrain the respondent court from taking any further proceedings in the matter.

*212 An information must be set aside if the defendant has been committed without reasonable or probable cause. (Pen. Code, § 995; People v. Jablon, 153 Cal.App.2d 456, 458 [ 314 P.2d 824 ].) In such a case the trial court should grant a motion to set aside the information, and if it does not do so, a peremptory writ of prohibition will issue to prohibit further proceedings. (Priestly v. Superior Court, 50 Cal.2d 812, 815 [ 330 P.2d 39 ].)

“ 'Sufficient cause’ and ‘reasonable and probable cause’ mean such a state of facts as would lead a man of ordinary caution or prudence to believe and conscientiously entertain a strong suspicion of the guilt of the accused. . . .” (Rogers v. Superior Court, 46 Cal.2d 3, 7-8 [ 291 P.2d 929 ].)

In People v. Platt, 124 Cal.App.2d 123, 131 [ 268 P.2d 529 ], the court stated, “On a motion to set aside an information, the…

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