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PEOPLE v. TOOMES

Docket No. 5780.

148 Cal.App.2d 465 (1957)

306 P.2d 953

THE PEOPLE, Appellant, v. JOHN H. TOOMES et al., Respondents.

Court of Appeals of California, Second District, Division Three.

February 11, 1957.

Attorney(s) appearing for the Case

Edmund G. Brown, Attorney General, William E. James, Deputy Attorney General, William B. McKesson, District Attorney (Los Angeles), Jere J. Sullivan, Lewis Watnick and Fred N. Whichello, Deputy District Attorneys, for Appellant.

Ellery E. Cuff, Public Defender (Los Angeles), and Richard W. Erskine, Deputy Public Defender, for Respondents.

SHINN, P.J.

John H. Toomes and Philander Smith were accused of burglary and upon the preliminary hearing were committed for trial. They made a motion to set aside the information under section 995 of the Penal Code upon the ground that they had been committed without reasonable or probable cause. The motion was granted and the People appeal.

The evidence at the preliminary hearing established the following facts: Harry Bergerson parked his automobile on the...

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