People v. White

SCHOTTKY, J.

Defendant, Lynn White, was charged with assault upon one Gordon Pfeil by means of force likely to produce great bodily injury. (Pen. Code, § 245.) Following a preliminary examination he was held to answer before the superior court and thereafter an information was filed charging that defendant did wilfully, unlawfully and feloniously commit an assault on Gordon Pfeil by means of force likely to produce great bodily injury in violation of section 245 of the Penal Code.

Defendant made a motion to set aside the information on the ground that he had been committed without reasonable or probable cause. The superior court granted the motion and dismissed the information. The People have appealed from the order of dismissal and contend most earnestly that the order was erroneous.

Before discussing this contention, we think it well to set forth certain well-settled principles applicable to the instant appeal which are well stated in

People

v.

Platt,

124 Cal.App.2d 123, at page 130 [268 P.2d 529], as follows:

“The evidence necessary to justify an order holding a defendant to answer to the superior court is not subject to the same test as that before a trial jury in a criminal action, and reasonable or probable cause may be found for holding to answer although the evidence does not establish the defendant’s guilt beyond a reasonable doubt. All that is required

[391]

is a reasonable probability of the defendant’s guilt.

(Davis

v.

Superior Court,

78 Cal.App.2d 25, 27 [177 P.2d 314].) ‘Reasonable or probable cause,’ required to uphold the commitment of a defendant (Pen. Code, § 995), exists if there is sufficient proof to make it reasonable to believe that the defendant is guilty of the offense charged.

(People