People v. Hopkins

SCHOTTKY, J. pro tem.

By an indictment respondent was accused of manslaughter in that he “did wilfully, unlawfully, feloniously and without malice kill one Herbert Caro.”

After pleading not guilty respondent was permitted to withdraw his plea, whereupon he moved to set aside the indictment on the ground that it was returned without reason able or probable cause. His motion was granted, and this appeal was taken by the People. (Pen. Code, § 1238.)

The transcript of the grand jury hearing which was before the court on the motion shows that six witnesses testified.

The cause of death appears from…