Hendrix

Defendants Hendrix, Young, Moss and St. John were charged in six counts of an information with violation of Penal Code, section 337a. In Count I they were charged with conspiracy to violate said section, in violation of Penal Code, section 182. The other counts charge violation of section 337a, subdivisions 1, 2, 4, 5 and 6.

The motion of Hendrix and Young to set aside the information on the ground that they had been committed without reasonable or probable cause was denied (see Pen. Code, § 995), and they now seek a writ of prohibition to prevent further proceedings against them. (See Pen. Code, § 999a.) It is the contention of petitioners that the evidence was insufficient to hold them to answer for any of the offenses charged.

At the preliminary hearing, Donald R. Jones, police officer of the city of Downey, testified that he knew defendant Young to be a convicted bookmaker. On the morning of December 4, 1961, he followed Young and observed him enter and leave various bars in the city of Downey, remaining just a few moments. Officer Jones said that these activities indicated to him that Young was involved in bookmaking and made him suspicious. On December 5, Officers Jones…