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

California, United States of America


The following excerpt is from Jackson v. Superior Court of City and County of San Francisco, 399 P.2d 374, 42 Cal.Rptr. 838, 62 Cal.2d 521 (Cal. 1965):

The governing principles in this proceeding are well known, and were recently restated by us in People v. Ketchel (1963) 59 Cal.2d 503, 532, 30 Cal.Rptr. 538, 553, 381 P.2d 394, 409: "Probable cause is shown if a man of ordinary caution or prudence would be led to believe and conscientiously entertain a strong suspicion of the guilt of the accused. (Citation.) An indictment will not be set aside or a prosecution thereon prohibited if there is some rational ground for assuming the possibility that an offense has been committed and the accused is guilty of it.' (Citations.) 'If there is some evidence to support the indictment the courts will not inquire into its sufficiency * * *.' (Citations.) (Italics deleted.)'

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