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PEOPLE v. HOPKINS

Docket No. 2659.

101 Cal.App.2d 704 (1951)

226 P.2d 74

THE PEOPLE, Appellant, v. RICHARD NORTON HOPKINS, Respondent.

Court of Appeals of California, First District, Division Two.

January 15, 1951.

Attorney(s) appearing for the Case

Fred N. Howser, Attorney General, Clarence A. Linn, Deputy Attorney General, Edmund G. Brown, District Attorney, and Janet Aitken, Deputy District Attorney, for Appellant.

J. Maxwell Peyser for Respondent.

SCHOTTKY, J. pro tem.

By an indictment respondent was accused of manslaughter in that he "did wilfully, unlawfully, feloniously and without malice kill one Herbert Caro."

After pleading not guilty respondent was permitted to withdraw his plea, whereupon he moved to set aside the indictment on the ground that it was returned without reasonable or probable cause. His motion was granted, and this appeal was taken...

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