People v. Snow

Opinion

POTTER, J.

The People appeal (Pen. Code, § 1238, subd. (a)(1)) from the order setting aside the indictment of defendant William Ralph Snow which charged him with robbery (Pen. Code, § 211) of a bank on January 28, 1972. The superior court granted defendant’s motion to set aside the indictment pursuant to Penal Code section 995 “on the grounds that the defendant had been indicted without reasonable [or] probable cause,” specifically finding that: (1) “the office of the district attorney did not meet its burden by producing evidence to tend to explain away the charge and exonerate the…