Does a magistrate have power to make inquiry into the guilt or innocence of a defendant at a preliminary hearing on a felony complaint?
California, United States of America
The following excerpt is from Burris v. Superior Court, 117 Cal.Rptr. 898, 43 Cal.App.3d 530 (Cal. App. 1974):
The magistrate at a preliminary hearing on a felony complaint has no power to make inquiry into the guilt or innocence of the defendant or to make a decision on the prosecution's case; his sole function is to resolve the issue of probable cause. (People v. Uhlemann, 9 Cal.3d 662, 664, 667, fn. 3, 108 Cal.Rptr. 657, 511 P.2d 609.)
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