[DOWNLOAD] "Burnett V. Superior Court Of Orange County" by Supreme Court Of California ~ Book PDF Kindle ePub Free
eBook details
- Title: Burnett V. Superior Court Of Orange County
- Author : Supreme Court Of California
- Release Date : January 26, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Allen Dean Burnett seeks mandate to compel the respondent superior court to rule on petitioner's motion to set aside an information (Pen. Code, § 995) charging petitioner with two violations of Penal Code section 211 (robbery).*fn1 Petitioner contends that the respondent exceeded the power vested in it when, for the purpose of receiving further testimony, it declined to rule on the motion and remanded the cause to the municipal court wherein the magistrate had held petitioner to answer at the preliminary hearing (§ 872). We agree with petitioner's contention and issue a peremptory writ commanding the respondent court either to deny the motion or, if it finds on the record that petitioner was committed without reasonable or probable cause, to grant the motion and proceed according to law. (§§ 995, 997, 998.)