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SOMERS v. SUPERIOR COURT

Docket No. 13958.

32 Cal.App.3d 961 (1973)

108 Cal. Rptr. 630

SAMUEL D. SOMERS, Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Third District.

June 15, 1973.

Attorney(s) appearing for the Case

COUNSEL

Rodney A. Klein and Lloyd H. Riley for Petitioner.

Carroll, Burdick & McDonough, Christopher D. Burdick, Belli, Ashe, Ellison & Choulos, Melvin M. Belli and James M. Garlock as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, Doris H. Maier, Assistant Attorney General, Arnold O. Overoye and Jeffrey A. Joseph, Deputy Attorneys General, for Real Party in Interest.

OPINION

THE COURT.

The Sacramento County Grand Jury returned an indictment charging Samuel D. Somers with involuntary manslaughter. (Pen. Code, § 192.) His motion to set aside the indictment under Penal Code section 995 was denied. Invoking Penal Code section 999a, he seeks a writ of prohibition, charging that the evidence before the grand jury did not supply reasonable or probable cause for his indictment.

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