California, United States of America
The following excerpt is from People v. Clark, 17 Cal.App.3d 890, 95 Cal.Rptr. 411 (Cal. App. 1971):
In People v. Hardin (1967) 256 Cal.App.2d Supp. 954, 64 Cal.Rptr. 307, several codefendants were properly charged by complaint with both felony and misdemeanor counts. Following a preliminary hearing, the magistrate bound all defendants over to superior court, although he dismissed the felony charge as to some of the defendants. The superior court then remanded to the municipal court all those defendants who were not charged with both a felony and misdemeanor, and retained jurisdiction over those defendants charged with both the felony and misdemeanor. The appellate division in Hardin held that, where the felony count is dismissed, and magistrate at the termination of the preliminary hearing should have had those defendants arraigned im municipal court.
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