Roads v. Superior Court

Petitioner was indicted by the grand jury on charges of murder (Pen. Code, § 187), possession of narcotics (Health & Saf. Code, § 11500), and possession of narcotics paraphernalia (Health & Saf. Code, § 11555). A motion to set aside the indictment on all counts was made pursuant to Penal Code section 995. Petitioner urged the lack of reasonable or probable cause to support the murder charge and illegal search and seizure in regard to the narcotics charges. The superior court denied the section 995 motion and granted a motion severing further proceedings on the homicide charge from those on…