BIRT v. SUPERIOR COURT

Docket No. 14141.

34 Cal.App.3d 934 (1973)

110 Cal. Rptr. 321

MONETTE ANN BIRT, Petitioner, v. THE SUPERIOR COURT OF SAN JOAQUIN COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Third District.

October 29, 1973.


Attorney(s) appearing for the Case

COUNSEL

Robert N. Chargin, Public Defender, and Ann Chargin, Assistant Public Defender, for Petitioner.

No appearance for Respondent.

Evelle J. Younger, Attorney General, and Joel Carey, Deputy Attorney General, for Real Party in Interest.


OPINION

JANES, J.

Petitioner seeks a writ of prohibition after respondent superior court denied her motion to set aside an information charging her with burglary (Pen. Code, § 459).

(1a) Here, as in the trial court, petitioner contends that she was committed by the magistrate without reasonable or probable cause (Pen. Code, §§ 995, 999a). The transcript of the preliminary examination shows that...

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