People v. Malki

After a preliminary examination before a judge of the municipal court, defendant-respondent was held to answer on a complaint charging him with assault with a deadly weapon upon one Darrell Lambert with intent to commit murder in violation of Penal Code, section 217. An information charging the same offense was filed against him and he moved the superior court to dismiss it under Penal Code, section 995, on the grounds that he had been committed without reasonable or probable cause. The motion was granted and the People appeal from the order setting aside the information.

The facts presented…