Pinell v. Superior Court

Petitioner, Julio Pinell, together with Felix Jose Torres and Hugo A. Pinell, were indicted on counts of kidnapping, rape, robbery, oral copulation and sodomy. At the arraignment in the superior court, petitioner made a motion under Penal Code section 995 alleging that there was lack of probable cause. The court dismissed the kidnapping charge but denied the motion on all other counts and petitioner now seeks a writ of prohibition under Penal Code section 999a restraining respondent court from proceeding further in this action.

The testimony of the victim and other witnesses given before the…