Rideout v. Superior Court

Phillip Rideout and Ronald Perry seek prohibition restraining the Santa Clara County Superior Court from taking any further action upon an information charging them with transportation of marijuana (Health & Saf. Code, §11531).

Following a preliminary hearing on the charge the committing magistrate held petitioners to answer. The information was filed, and a motion to set it aside on the ground they were committed without probable cause (Pen. Code, § 995) was denied. Petitioners thereafter filed the instant petition for prohibition based on the same ground (Pen. Code, § 999a).

The sole witness…