What is the test for establishing a prima facie case in a criminal case?
California, United States of America
The following excerpt is from People v. Belton, 136 Cal.Rptr. 54, 66 Cal.App.3d 636 (Cal. App. 1977):
'One of the greatest safeguards for the individual under our system of criminal justice is the requirement that the prosecution must establish a prima facie case by its own evidence before the defendant may be put to his defense.' (Cephus v. United States (1963) 117 U.S.App.D.C. 15, 324 F.2d 893, 895.)
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