Priestly v. Superior Court

I concur in the views expressed in the opinion prepared by Mr. Justice Traynor but wish to add^ some additional views which are pertinent to the issue here involved.

The issue presented is whether there is any competent evidence of probable cause on which to hold defendant to answer. If there is no such evidence the writ of prohibition must issue. (Rogers v. Superior Court, 46 Cal.2d 3 [291 P.2d 929]; Badillo v. Superior Court, 46 Cal.2d 269 [294 P.2d 23] ; People v. Valenti, 49 Cal.2d 199 [316 P.2d 633].) Narcotics seized during the arrest and subsequent search of defendant’s person and…