What is the legal test for a prosecutor to file an information charging murder?
California, United States of America
The following excerpt is from Dudley v. Superior Court, 111 Cal.Rptr. 797, 36 Cal.App.3d 977 (Cal. App. 1974):
The decision to be made here depends upon whether the ruling of the magistrate precluded the prosecutor from filing an information charging murder, under the principles discussed in Jones v. Superior Court (1971) 4 Cal.3d 660, 94 Cal.Rptr. 289, 483 P.2d 1241.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a charging document indicates on its face that the prosecution is time-barred and does not contain any information relevant to tolling the statute of limitations, can the charging document indicate that the charge is time barred? (California, United States of America)
In what circumstances will a prosecutor be found guilty of misconduct for making an argument to the jury that the jury must convict a defendant of second-degree murder before it returns a verdict on a charge of first degree murder? (California, United States of America)
Can the felony-murder rule be applied to a charge of assault and murder in a case where appellant entered the home with intent to commit assault or murder? (California, United States of America)
Does the information specifically charging malice murder provide adequate notice of a felony-murder theory? (California, United States of America)
What is the test for a jury to convict a defendant of murder on the information charged in counts 3 and 10 of the charge of manslaughter? (California, United States of America)
If a defendant is convicted of a lesser charge of a greater charge of sexual assault, is the lesser charge necessarily included in the greater charge? (California, United States of America)
Can a defendant be convicted of first degree murder even if the indictment or information charged only murder with malice? (California, United States of America)
Can a charge of murder be used to establish first degree murder under the felony-murder rule? (California, United States of America)
Can a defendant charged with the murder or attempted murder of an intended target also be convicted of the murder of other, nontargeted persons? (California, United States of America)
What factors will the court consider in deciding whether to join the murder charge with the domestic violence charge as a separate set of charges under section 954 of the California Criminal Code? (California, United States of America)
