What is the test for a motion to dismiss a sexual assault indictment?
California, United States of America
The following excerpt is from People v. Morrissette, G053737 (Cal. App. 2017):
Defendant filed a motion to dismiss the indictment, pursuant to Penal Code section 995, based on a claim that the prosecution knowingly presented perjured testimony to the grand jury. On appeal, we draw every legitimate inference to uphold the indictment. If there is "some evidence" to support the issuance of the indictment, we will not further inquire into its sufficiency. (People v. Scott (1999) 76 Cal.App.4th 411, 416.)
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