In what circumstances will a defendant be held to answer only for murder and not for kidnapping?

California, United States of America

The following excerpt is from People v. Superior Court (Henderson), 178 Cal.App.3d 516, 223 Cal.Rptr. 741 (Cal. App. 1986):

In People v. Superior Court (Gibson), supra, 101 Cal.App.3d 551, 161 Cal.Rptr. 923, the defendant was charged with murder, kidnaping, and special circumstance allegations, but was held to answer only for murder. The superior court felt bound by what it characterized as "factual determinations" of the magistrate and dismissed the kidnaping and special circumstance allegations which had been refiled. ³ The

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