Can a motion under section 995 of the Penal Code be denied?

California, United States of America


The following excerpt is from People v. Britz, 17 Cal.App.3d 743, 95 Cal.Rptr. 303 (Cal. App. 1971):

To warrant the denial of a motion under section 995 of the Penal Code, it is not necessary that the proof be so complete as to justify a conviction of the accused. Probable cause is shown if a man of ordinary caution would be induced by the evidence, heard by the grand [17 Cal.App.3d 751] jury, to believe and seriously entertain a strong suspicion of the guilt of the accused. Bompensiero v. Superior Court, 44 Cal.2d 178, 183, 281 P.2d 250. An indictment will not be set aside if there is some rational ground for assuming the possibility that an offense had been committed and the accused is guilty of it.' (People v. Rissman (1956) 143 Cal.App.2d 488, 494, 299 P.2d 944, 948--949.)

Other Questions


What is the test for a motion denying an order denying a section 1016.5 motion for an abuse of discretion? (California, United States of America)
Does the Defendant have any grounds to argue that it was error to deny the Defendant's motion to dismiss the Motion to Dismiss under section 995 of the Penal Code? (California, United States of America)
Does section 654 of the California Penal Code allow for an act or omission that is punishable by different sections of the Penal Code to be punished by one or more sections? (California, United States of America)
Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)
Can a motion to deny a motion for judicial review be granted after a writ of appeal has been denied? (California, United States of America)
In a motion to vacate a conviction pursuant to section 1016.5,1 of the California Penal Code, what is the effect of that section? (California, United States of America)
What is the test for denying a motion for a new trial on the grounds that the trial judge did not abuse his discretion in denying the motion under the first two grounds? (California, United States of America)
Can a defendant be convicted of a lesser included crime of the same crime under both sections of the California Penal Code and Section 654 of the Penal Code? (California, United States of America)
Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)
In reviewing a ruling on an anti-SLAPP motion, how do we review an order granting or denying a motion to strike under section 425.16 de novo? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.