In Re Plummer

This is a petition for a writ of habeas corpus on the ground that there was no competent evidence submitted to the committing magistrate sufficient to constitute cause to hold petitioner to answer (Pen. Code, §§ 871, 872) for trial in the superior court on a charge of murder.

The petitioner herein did not testify at the preliminary hearing. The record discloses that the evidence adduced was (a) a statement made to a police inspector by a codefendant out of petitioner’s presence, (b) petitioner’s statement to the inspector that he was not guilty of murder, (c) petitioner’s statement that he had…