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Certiorari application to quash committal for first degree murder dismissed as there was some evidence of forcible confinement.
The applicant applied for certiorari to quash his committal for trial on a charge of first degree murder and substitute a charge of second degree murder.
He argued there was no evidence of forcible confinement or that he was a party to it.
The Superior Court of Justice dismissed the application, finding that the preliminary inquiry judge made no jurisdictional error.
There was some evidence upon which a properly instructed jury could find that the victim was forcibly confined by an unidentified man acting in concert with the applicant during the shooting.
