What is the test for finding a defendant guilty of a sexual assault under section 858 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Slaughter, 200 Cal.Rptr. 448, 35 Cal.3d 629, 677 P.2d 854 (Cal. 1984):

Penal Code sections 858 through 883 implement the "examination and commitment" provision of the Constitution. Most pertinent to the present case are sections 860, 871, and 872. These statutes require a magistrate to conduct a preliminary examination ( 860) and to determine, "after hearing the proofs" ( 871), whether "a public offense has been committed" and whether "there is sufficient cause to believe the defendant guilty thereof ...." ( 872, subd. (a); see also 871.) 4 "[T]he burden is on the prosecution to produce evidence that there is a reasonable probability, enough to induce a strong suspicion in the mind of a man of ordinary caution or prudence, that a crime has been committed, and that defendant is guilty." (Garabedian v. Superior Court (1963) 59 Cal.2d 124, 126-127, 28 Cal.Rptr. 318, 378 P.2d 590.)

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