California, United States of America
The following excerpt is from Frias, In re, 109 Cal.Rptr. 749, 34 Cal.App.3d 88 (Cal. App. 1973):
',2] To justify a magistrate in holding an accused person for trial upon a preliminary examination under Section 872 of the Penal Code, it must appear from competent evidence adduced at the hearing that 'a public offense has been committed, and and there is sufficient cause to believe the defendant guilty thereof. " (People v. Schuber (1945) 71 Cal.App.2d 773, 775, 163 P.2d 498, 499.) 'Reasonable or probable cause to hold a defendant to answer means 'such a state of facts as would lead a man or ordinary caution or prudence to believe, and conscientiously entertain a strong suspicion of the guilt of the accused.' (Citations.)' (People v. Beasley (1967) 250 Cal.App.2d 71, 77, 58 Cal.Rptr. 485, 490.)
Certainly no lesser showing than that required by Morrissey v. Brewer, Supra, at the initial hearing is sufficient to hold a defendant to answer after a preliminary examination.
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