What is the test for determining the quality of evidence presented to the magistrate at the preliminary hearing?
California, United States of America
The following excerpt is from People v. Bradley, 276 Cal.App.2d 499, 81 Cal.Rptr. 55 (Cal. App. 1969):
The trial court misconceived its function under Penal Code section 995 when it undertook to evaluate the quality of evidence presented to the magistrate at the preliminary hearing. The rule is stated in Perry v. Superior Court of Los Angeles County, 57 Cal.2d 276, 283--284, 19 Cal.Rptr. 1, 5, 368 P.2d 529:
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