People v. Navarro

Respondent was charged with a violation of the Dangerous Weapons Control Law. Penal Code, section 12021. The information alleged that respondent “not being a citizen of the United States” had in his possession a concealable firearm. At a preliminary hearing held July 11, 1968, respondent was bound over for trial. On August 12, 1968, the superior court granted respondent’s motion to dismiss made pursuant to Penal Code section 995. The prosecution then appealed.

The evidence at the preliminary hearing established that respondent had been apprehended with probable cause for arrest, and that he…