California, United States of America
The following excerpt is from Cummiskey v. Superior Court, 13 Cal.Rptr.2d 551, 3 Cal.4th 1018, 839 P.2d 1059 (Cal. 1992):
This standard of proof differs significantly from the standard used by a magistrate at a preliminary hearing. A magistrate will make an order holding a defendant to answer a felony charge if there is "sufficient cause" to believe the defendant is guilty. (Pen.Code, 872.) "Sufficient cause" or "probable cause" means a state of facts that would lead a person of ordinary caution or prudence to believe and conscientiously entertain a strong suspicion of the guilt of the accused. (People v. Slaughter (1984) 35 Cal.3d 629, 636, 200 Cal.Rptr. 448, 677 P.2d 854.) The burden
Page 566
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.