Is there probable cause to hold defendant to answer for the attempted murder charge?

California, United States of America


The following excerpt is from People v. Cruz, H044156 (Cal. App. 2017):

Defendant may have a credible defense of self-defense. But because "the evidence also supports a credible inference of [express] malice," there was probable cause to hold defendant to answer for the attempted murder charge. (People v. Superior Court (Day) (1985) 174 Cal.App.3d 1008, 1020.) Thus, "the People are entitled to . . . bring [defendant] to trial on [that] charge. Whether [he] acted in self-defense is a question to be resolved at that trial." (Id. at p. 1022.)

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