Legal Opinion

Somers v. Superior Court

California Court of Appeal

Decided June 15, 1973No. Civ. 13958PublishedCited by 15 opinions

1Opinion of the Court

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.

Probable cause for an indictment is shown if a person of ordinary caution or prudence would be led to believe and conscientiously entertain a strong suspicion of the guilt of the accused; an…

2Cases cited16 opinions

  1. Yakov v. Board of Medical ExaminersCalifornia Supreme Court · 1968
  2. Mosley v. Arden Farms Co.California Supreme Court · 1945
  3. Loper v. MorrisonCalifornia Supreme Court · 1944
  4. People v. PennyCalifornia Supreme Court · 1955
  5. Greenberg v. Superior CourtCalifornia Supreme Court · 1942

11 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Walker v. Superior CourtCalifornia Supreme Court · 1988
  2. People v. Superior Court (Jurado)California Court of Appeal · 1992
  3. People v. ScottCalifornia Court of Appeal · 1983
  4. People v. MehserleCalifornia Court of Appeal · 2012
  5. People v. BritoCalifornia Court of Appeal · 1991

10 more not listed; retrieve them via the Exa API.

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