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SIMMONDS v. SUPERIOR COURT

Docket No. 23780.

245 Cal.App.2d 704 (1966)

54 Cal. Rptr. 195

CLYDE SIMMONDS, 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 One.

October 19, 1966.

Attorney(s) appearing for the Case

Belli, Ashe, Gerry & Ellison, Melvin M. Belli and Lois Prentice for Petitioner.

No appearance for Respondent.

Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, Robert R. Garnucci and Paul N. Halvonik, Deputy Attorneys General, for Real Party in Interest.

SIMS, J.

On May 19, 1966 the grand jury of the City and County of San Francisco returned an indictment against Clyde Simmonds and four others charging them with violation of Penal Code sections 182 (conspiracy to commit murder) and 187 (murder) arising out of the death of Dow Wilson. Simmonds' motion to dismiss the indictment on the grounds that he had been indicted without reasonable or probable cause (Pen. Code, § 995) was denied, and he filed his petition...

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