Johnson v. Superior Court

Opinion

MILLER, J.

Petitioner, charged by information with the commission of a felony (burglary, in violation of Pen. Code, § 459), seeks a writ of prohibition to prevent respondent superior court from proceeding with his trial. Petitioner contends that respondent court exceeded its jurisdiction in denying his motion to set aside the information made pursuant to Penal Code section 995 on the ground that he had not been legally committed by a magistrate. Petitioner contends that his commitment was unlawful within the meaning of Penal Code section 995 in that the magistrate denied him the right…