California, United States of America
The following excerpt is from Stroud v. Superior Court, 73 Cal.App.4th 156, 86 Cal.Rptr.2d 348 (Cal. App. 1999):
Our consideration of the application of section 861 necessarily commences with the frequently cited opinion of People v. Bucher (1959) 175 Cal.App.2d 343, 346 P.2d 202. There, the defendant was arrested, charged with a felony, and placed in custody. Later, a preliminary examination commenced and four witnesses testified for the People. The magistrate concluded that their testimony was insufficient to hold the defendant to answer. The prosecutor informed the court that a material witness was missing because of an inability to serve a subpoena. The magistrate inquired if the prosecutor could produce the witness the next day. On being so advised, the magistrate, over the objection of the defendant, ordered the matter continued to the next day and remanded the defendant to custody.
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