Solomon v. Superior Court

Opinion

FILES, P. J.

This is a petition seeking a writ of prohibition for pretrial review of respondent court’s denial of defendant’s motion to dismiss under Penal Code section 995. Petitioner contends (1) that the evidence adduced at his preliminary examination was insufficient to establish probable cause for commitment and (2) that he was not legally committed because he was handcuffed during the proceeding.

The procedural facts are not in dispute. Samuel Solomon and Herbert Solomon (petitioner) were jointly charged with armed robbery and were brought before a municipal court judge for a…