California, United States of America
The following excerpt is from People v. Abes, 174 Cal.App.3d 796, 220 Cal.Rptr. 277 (Cal. App. 1985):
"[I]n proceedings under section 995 it is the magistrate who is the finder of fact; the superior court has none of the foregoing powers [judge credibility, resolve conflicts, weigh evidence and draw inferences], and sits merely as a reviewing court; it must draw every legitimate inference in favor of the information, and cannot substitute its judgment as to the credibility or weight of the evidence for that of the magistrate. [Citation]. On review by appeal or writ, moreover, the appellate court in effect disregards the ruling of the superior court and directly reviews the determination of the magistrate holding the defendant to answer. [Citations.]" (People v. Laiwa, 34 Cal.3d 711, 718, 195 Cal.Rptr. 503, 669 P.2d 1278.)
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