What is the test for cross-examination at a preliminary hearing?

California, United States of America


The following excerpt is from People v. Smith, 4 Cal.App.3d 403, 84 Cal.Rptr. 412 (Cal. App. 1970):

We are well aware that a preliminary hearing cannot generally be equated with a trial; that the former is designed as 'an efficient and speedy means of determining the narrow question of probable cause' (People v. Green, 70 A.C. 696, 706, 75 Cal.Rptr. 782, 788, 451 P.2d 422, 428); that the latter is designed as a forum to determine the guilt or innocence of a defendant. However, in the case at bench thorough and lengthy cross-examination was permitted at the preliminary hearing.

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