California, United States of America
The following excerpt is from Ervin v. Superior Court, 119 Cal.App.3d 78, 173 Cal.Rptr. 208 (Cal. App. 1981):
The trial court's test on a motion to dismiss pursuant to Penal Code section 995 is whether the evidence at the preliminary hearing provides " 'some rational ground for assuming the possibility' " that a kidnapping was committed. (Ghent v. Superior Court (1979) 90 Cal.App.3d 944, 955, 153 Cal.Rptr. 720.) This court, on review, may not substitute its judgment for that of the magistrate as to the weight of the evidence, and every legitimate inference to be drawn from it must be drawn in favor of the information. (Id.)
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