Young v. Superior Court

Petitioner, George Young, Jr., seeks a writ of prohibition to prohibit the trial of a count in an information charging him with an attempt to receive stolen goods.

Two questions are presented: (1) Should the information have been set aside under Penal Code section 995 upon the ground that Young had not been legally committed by a magistrate inasmuch as entrapment (so it is contended) was shown as a matter of law? (2) Since the goods attempted to be "received” were not in fact stolen (although Young thought they were) can he be guilty of a criminal -attempt ?

The record of the preliminary…