What is the test for a preliminary hearing in a criminal case?

California, United States of America


The following excerpt is from Faubel v. Superior Court (People), 228 Cal.App.3d 1515, 279 Cal.Rptr. 658 (Cal. App. 1991):

"The issues before a magistrate on preliminary hearing are whether a public offense has been committed and whether there is probable cause to believe the defendant is guilty thereof. (Pen.Code, 871, 872.)" (People v. Williams (1989) 213 Cal.App.3d 1186, 1197, 262 Cal.Rptr. 303.)

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