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NUGENT v. SUPERIOR COURT

Docket No. 24476.

254 Cal.App.2d 420 (1967)

62 Cal. Rptr. 217

LAWRENCE EUGENE NUGENT et al., Petitioners, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

September 18, 1967.

Attorney(s) appearing for the Case

Theodore A. Cohen for Petitioners.

No appearance for Respondent.

Thomas C. Lynch, Attorney General, Robert R. Granucci and Timothy A. Reardon, Deputy Attorneys General, for Real Party in Interest.

CHRISTIAN, J.

An information is pending against the three petitioners charging them with the burglary of a residence in Atherton. After the trial court denied their motion to set aside the information under Penal Code section 995, petitioners sought a writ of prohibition under Penal Code section 999a, asserting that the magistrate's order committing them for trial was made without probable cause. A summary of the evidence received at the preliminary hearing follows...

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