California, United States of America
The following excerpt is from People v. Garcia, 166 Cal.App.3d 1056, 212 Cal.Rptr. 822 (Cal. App. 1985):
We should begin this discussion by reiterating the standards to be applied by the reviewing court on a motion brought pursuant to section 995 of the Penal Code. The principles are so well known as to make it unnecessary to cite the numerous cases in which they have been developed. A good summary of the applicable principles is found in the following language from the oft-quoted case of Rideout v. Superior Court (1967) 67 Cal.2d 471, 62 Cal.Rptr. 581, 432 P.2d 197: "Evidence that will justify a prosecution need not be sufficient to support a conviction. [Citations.] '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.' An information 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.] [p] A reviewing court may not
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