Conlon

The People of the State of California appeal from an order dismissing indictment.

Question Presented

Did the evidence before the grand jury show probable cause that defendants conspired to commit petty theft?

Record

Defendants were indicted for violation of section 182, Penal Code, in that they conspired to violate section 488 (petty theft). On arraignment defendants moved under section 995, Penal Code, to dismiss the indictment on the ground of lack of probable cause. The motion to dismiss was granted and the district attorney was instructed, pursuant to section 998, Penal Code, to resubmit the ease to the grand jury or to file an information.

There Was Probable Cause

“ ‘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 (People v. Nagel, 25 Cal.2d 216, 222 [ 153 P.2d 344 ]), but ‘ [t]he proof which will authorize a magistrate in holding an accused person for trial must consist of legal, competent evidence. No other *89 type of evidence may be considered by the magistrate. The rules of evidence require the…