What is the test for establishing probable cause in a sexual assault case?

California, United States of America


The following excerpt is from People v. Shirley, 144 Cal.Rptr. 282, 78 Cal.App.3d 424 (Cal. App. 1978):

We note first the standard of review which is applicable to the trial court's determination. "Probable cause for an indictment is shown if a person of ordinary caution or prudence would be led to believe and conscientiously entertain a strong suspicion of the guilt of the accused; an indictment will not be set aside if there is some rational ground for assuming the probability that an offense has been committed and the accused is guilty of it; if there is some evidence to support the indictment, the courts will not inquire into its sufficiency (citation)." (Somers v. Superior Court (1973) 32 Cal.App.3d 961, 963, 108 Cal.Rptr. 630, 632.)

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