Lupo v. Superior Court

Opinion

FORD, P. J.

By an information petitioner Lupo was accused of the crime of attempt to receive stolen property. His motion to set aside the information on the ground that he was committed without reasonable or probable cause (Pen. Code, § 995) having been denied, petitioner seeks a writ of prohibition pursuant to the provisions of Penal Code section 999a.

The transcript of the preliminary hearing shows that a deputy sheriff, acting in an undercover capacity and accompanied by an informer, sold petitioner items of personal property which had been stolen but had been recovered. There was…