Willens

Petitioners, raising identically the same questions separately, petition for writs of prohibition and mandate to direct the San Joaquin County Superior Court to halt proceedings in connection with indictment No. 21872 pending against them in said superior court.

Alternative writs of mandate were issued directing the .dismissal of count II of said indictment within 10 days or for respondent to show cause why the count should not be dismissed. Relief was denied as to all other counts of the indictment. Respondent declined to dismiss count II and filed a return.

Sole Question Presented

Were petitioners indicted in count II without reasonable and probable cause?

Record

On December 8, 1970, petitioners were charged in count II with violar tion of section 93 of the Penal Code (judicial officer asking, receiving or agreeing to receive a bribe) in that on or about February 1, 1968, in San Joaquin County, they asked, agreed to receive and received a bribe from Edwin Arioto in the sum of $1,000 upon the agreement and understanding that the opinion and decision of petitioner Willens (then a judge of the *359 superior court) would be influenced in the case of Slakey Brothers of…