What is the burden of proving probable cause in a preliminary hearing?

We note that at the preliminary hearing, the People did not have to prove the facts beyond a reasonable doubt. "[T]he burden on the prosecution before the magistrate is quite distinct from that necessary to obtain a conviction before a judge or jury. ' Of course, the probable cause test is not identical with the test which controls a jury.... The jury must be convinced to a moral certainty and beyond a reasonable doubt of the existence of the crime charged in the information and of every essential element of that crime. But a magistrate conducting a preliminary examination must be convinced of only such a state of facts as would lead a man of ordinary caution or prudence to believe, and conscientiously entertain a strong suspicion of the guilt of the accused. [Citations.]'" (People v. Slaughter, supra, 35 Cal.3d at p. 637.) We believe that enough evidence was presented at the preliminary hearing to permit the People to present the charge to a jury.

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