Taylor v. Superior Court

Opinion

BURKE, J.

Petitioner and his codefendant Daniels were charged by information with the murder of John H. Smith, robbery, assault with a deadly weapon against Linda West, and assault with a deadly weapon against Jack West. The superior court denied petitioner’s motion to set aside the infor*581mation as to the murder count (Pen. Code, § 995), and we issued an alternative writ of prohibition.

At the preliminary hearing, the following facts were adduced regarding the murder count: On the evening of January 12, 1969, two men attempted to rob Jax Liquor Store which was operated by Mrs. Linda Lee…