People v. Smith

This is an appeal from an order setting aside an information charging defendant with pimping, a violation of section 266h of the Penal Code.

The evidence at the preliminary hearing showed that defendant had solicited a customer for a woman who was known to defendant to be a prostitute, but there was no evidence to show that defendant either solicited compensation or received compensation for the solicitation of any customer. Upon arraignment in the superior court, defendant moved to set aside the information (Pen. Code, § 995), and the motion was granted. The People appeal from the order…