PINELL v. SUPERIOR COURT

Docket No. 22505.

232 Cal.App.2d 284 (1965)

42 Cal. Rptr. 676

JULIO PINELL, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; THE PEOPLE, Real Party in Interest.

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

February 15, 1965.


Attorney(s) appearing for the Case

Louis V. Vasquez for Petitioner.

Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., and Michael J. Phelan, Deputy Attorneys General, for Respondent and Real Party in Interest.


TAYLOR, J.

Petitioner, Julio Pinell, together with Felix Jose Torres and Hugo A. Pinell, were indicted on counts of kidnapping, rape, robbery, oral copulation and sodomy. At the arraignment in the superior court, petitioner made a motion under Penal Code section 995 alleging that there was lack of probable cause. The court dismissed the kidnapping charge but denied the motion on all other counts and petitioner now seeks a writ of prohibition under Penal Code section...

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