Nugent v. Superior Court of San Mateo Cty.

An information is pending against the three petitioners charging them with the burglary of a residence in Atherton. After the trial court denied their motion to set aside the information under Penal Code section 995, petitioners sought a writ of prohibition under Penal Code section 999a, asserting that the magistrate’s order committing them for trial was made without probable cause. A summary of the evidence received at the preliminary hearing follows.

When the complaining witness, Mrs. Freeman, arose on the morning of October 5, 1966, she observed that her jewel box was missing from the…