In Re Gilkey

Pursuant to a complaint filed in the justice’s court of Temescal township, county of Riverside, charging the defendant therein (petitioner here), with the commission of a felony, defendant was arrested and after examination was committed and ordered to be held for trial on information to be filed in the superior court. The defendant, however, in accordance with the magistrate’s order admitting him to bail, filed an undertaking of bail and is not in actual custody. Nevertheless, he alleges that he has been held without probable cause, and that under these circumstances he is entitled to test…