What is the test for a motion to set aside an allegation of sexual assault?

California, United States of America


The following excerpt is from People v. Hoban, 176 Cal.App.3d 255, 221 Cal.Rptr. 626 (Cal. App. 1985):

"An information will not be set aside if there is some rational ground for assuming the possibility that an offense has been committed and the accused is guilty of it. (Rideout v. Superior Court (1967) 67 Cal.2d 471, 474 [62 Cal.Rptr. 581, 432 P.2d 197].) 'On a motion to set aside an information, the question of guilt or innocence of the defendant is not before the court, nor does the issue concern the quantum of evidence necessary to sustain a judgment of conviction. The court is only to determine

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