People v. Brock

The defendant, respondent herein, is the Chief of Police of Westmorland; was indicted for the felonious false imprisonment of an 11-year-old boy, viz., false imprisonment effected by violence, menace, fraud or deceit in violation of sections 236 and 237 of the Penal Code; and moved to dismiss the indictment pursuant to section 995 of the Penal Code, upon the ground that it had been returned without probable cause. The court granted his motion. The People appealed.

The issue on appeal is whether the evidence before the grand jury was sufficient to establish some rational ground for assuming the…