What is the test for dismissing a motion to dismiss a charge of assault?
California, United States of America
The following excerpt is from Mills v. Superior Court, 232 Cal.Rptr. 141, 42 Cal.3d 951, 728 P.2d 211 (Cal. 1986):
Regardless of the viability of this theory, the point is that once defendant has shown denial of a substantial right in a timely filed motion to dismiss, he is entitled to dismissal of charges. (Jennings v. Superior Court, supra, 66 Cal.2d 867, 880-881, 59 Cal.Rptr. 440, 428 P.2d 304.)
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