People v. Holtzendorff

BISHOP, J. pro tem. *

The People have appealed from the order granting defendant’s motion to set aside the 52 count indictment that accused him of having committed as many felonies. We infer, from the comments made when the motion was granted, that it was made on the ground that the defendant had been indicted without reasonable or probable cause, a ground recognized for such a motion by section 995, Penal Code. We have concluded that for those counts.which we shall identify as the “even numbered counts,” those charging the defendant with the embezzlement of public moneys, there was probable…