2 Mass. App. Ct. 399 - Moore’s Empirical Analysis

Citation profile

12 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"An examination of California practice reveals that an information may be filed against an accused only after he has been examined and a finding of probable cause has been made by a magistrate. See California Constitution, art. 1, § 8; Parks v. Superior Court , 38 Cal.2d 609 , 611 , 241 P.2d 521 (1952). The examination provided for by California law is held pursuant to a written complaint filed in court. Wilson v. Harris , 351 F.2d 840 , 843 (9th Cir. 1965), cert. den., 383 U.S. 951 , 86 S.Ct. 1213 , 16 L.Ed.2d 213 (1966). The accused is entitled to the assistance of counsel at the examination (California Constitution, art. 1, § 8) and has the right to cross-examine prosecution witnesses and to present witnesses in his own behalf. Jones v. Superior Court , 4 Cal.3d 660 , 667 , 94 Cal.Rptr. 289 , 483 P.2d 1241 (1971), and cases cited. If it appears from the examination that the offense charged has been committed and that there is probable cause to believe the accused guilty thereof, the magistrate orders the accused held for trial, in which event an information is filed against him; otherwise, the accused is discharged. See Wilson v. Harris , supra. "The California process described above differs substantially from the procedure employed in other jurisdictions. In those states which permit prosecution by information it is typically `a written accusation of crime preferred by a public prosecuting officer without the intervention of a grand jury.' Anderson, Wharton's Criminal La”

   1 later decision quote this exact passage
   e.g. 366 So. 2d 698 - Rayburn v. State