Burnett v. Superior Court

Opinion

WRIGHT, C. J.

Allen Dean Burnett seeks mandate to compel the respondent superior court to rule on petitioner’s motion to set aside an information (Pen. Code, § 995) charging petitioner with two violations of Penal Code section 211 (robbery). Petitioner contends that the respondent exceeded the power vested in it when, for the purpose of receiving further testimony, it declined to rule on the motion and remanded the cause to the municipal court wherein the magistrate had held petitioner to answer at the preliminary hearing (§ 872). We agree with petitioner’s contention and issue a…