Unformatted text preview: 939.8 for returning an indictment is "probable cause." The Supreme Court wrote: "It is the Grand Jury's function to determine whether probable cause exists to accuse a defendant of a particular crime. In other words, the Grand Jury serves as part of the charging process of criminal procedure, not the adjudicative process that is the province of the courts or trial jury." Citing a previous case, Lorenson v. Superior Court (1950) 35 Cal.2d 49, 56 and 57, the Cummiskey Court defined probable cause: "'Probable cause' means 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. 'Reasonable and probable cause' may exist although there may be some room for doubt."...
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- Spring '08
- California Supreme Court, grand jury, Superior Court