California, United States of America
The following excerpt is from Zemek v. Superior Court of Riverside Cnty., 257 Cal.Rptr.3d 729, 44 Cal.App.5th 535 (Cal. App. 2020):
"In the case at bench, there is no showing that the magistrate disbelieved the testimony describing the homicidal assault which is the basis of the prosecution's case. The unimpeached, credible evidence received at the preliminary examination supports an inference of malice and gives probable cause to try petitioner for murder, but the magistrate acted upon his personal opinion that the offense was no
[257 Cal.Rptr.3d 741]
more than manslaughter." ( Dudley v. Superior Court, supra , 36 Cal.App.3d at p. 985, 111 Cal.Rptr. 797.)
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