Is there probable cause for committing defendants for trial?

California, United States of America


The following excerpt is from People v. Cicchello, 157 Cal.App.2d 158, 320 P.2d 528 (Cal. App. 1958):

The question is whether the evidence disclosed probable cause for committing defendants for trial. There was probable cause if there was evidence which would lead a person of ordinary caution and prudence to believe and conscientiously entertain a strong suspicion of the guilt of the accused. Bompensiero v. Superior Court, 44 Cal.2d 178, 281 P.2d 250. If the fact that defendants were bookmaking and recording bets in the apartment was established by competent and admissible evidence, probable cause was shown. Rogers v. Superior Court, 46 Cal.2d 3, 291 P.2d 929. If the only evidence produced against Sindell and Cicchello was incompetent and inadmissible, there did not exist probable cause to hold them to answer and the court properly granted their motion to set aside the information. Badillo v. Superior Court, 46 Cal.2d 269, 294 P.2d 23.

Other Questions


When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Does a defendant have a certificate of probable cause to develop evidence favorable to defendant for presentation at trial? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
Does a defendant need to obtain a certificate of probable cause from the trial court before appealing a conviction from a guilty plea? (California, United States of America)
What is the test for a trial judge to proceed with the trial of a defendant under section 1368 of the California Mental Health Act if the trial judge receives the reports of two psychiatrists? (California, United States of America)
Can a defendant bring a motion for a new trial on the grounds that the prosecutor committed prejudicial misconduct during trial? (California, United States of America)
What is the test for a preliminary hearing where a defendant has to prove there is no probable cause to bind them over for trial? (California, United States of America)
Does a deputy district attorney acquiesce in having the motion heard during the trial of a defendant before trial, rather than prior to trial? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
Does a burglar who ransack a victim's car cause cause probable cause for arrest and completed unlawful vehicle taking? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.