Birt v. Superior Court

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).

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 her contention is meritorious.

At about 9:30 p.m. on April 2, 1973, when Mr. Rodney McNutt arrived home in Stockton, he noticed that all the lights were on in his house, and that a Ryder rental van was parked…