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.
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