People v. Ramos

DRAPEAU, J. For the second time defendant in this case, William Ramos, is before the court, charged with assisting an inmate of the Ventura School for Girls to escape. The school is a correctional state institution.

In each ease an information filed by the District Attorney of Ventura County was set aside by the superior court for the reason that the evidence taken on the preliminary examination was insufficient to show reasonable or probable cause that a public offense had been committed and that defendant was guilty thereof. (See Pen. Code, § 995.)

The People appealed from the order in the first case and it was affirmed in People v. Ramos, 106 Cal.App.2d 709 [235 P.2d 864.]

Then the district attorney filed another information, after complaint and preliminary examination in the justice’s court. Defendant moved to set aside this information, which motion, as stated, was granted, and again the People appeal.

On the first appeal this court stated the facts as follows (106 Cal.App.2d 709, 710 [235 P.2d 864]):

1 "The only evidence taken before the committing magistrate was that of the Superintendent of the Ventura School for Girls, in which she testified relative to the history and commitment of Shirley Sylvester through the Youth Authority, and of Bill Ray Welch, who testified in substance that he and defendant met Shirley Sylvester in front of a garage in Ojai on December 23, 1950,- approximately 13 miles from the Ventura School for Girls. His testimony further disclosed that they invited her to go for a ride with them which she accepted; that while riding she told them that she was from the Ventura Girls’ School; also that he and defendant stayed all night with her at a ranch house in Ojai and saw her several times thereafter. ’ ’

[633]On the second preliminary examination the facts were about the same, with the following additions:

Defendant and Bill Welch picked up two girls in front of the garage, rather than one. The boys took the girls for a ride around Ventura County, and then to a ranch house where they stayed all night. While riding around, the girls told the boys that they were from the state school. The boys and girls remained together around Ojai for several days. Part of the time was spent at the home of defendant’s mother and father. Then they all went to San Francisco.