The applicant sought certiorari to quash an order committing him to stand trial following a preliminary inquiry on firearms possession charges.
The committal was based on circumstantial evidence that a handgun found in a bedroom closet belonged to or was controlled by the applicant.
The court held that the preliminary inquiry judge relied on speculative opinion evidence from a police officer regarding clothing size in the bedroom to infer occupancy and control.
Because the remaining evidence merely placed the applicant in the apartment and did not link him to the bedroom or firearm, there was no admissible evidence supporting the essential element of possession.
The committal constituted a jurisdictional error and was quashed.