US Laws, Codes, Statutes & Cases

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 8
                      EXAMINATION OF CASE AND DISCHARGE
                           OR COMMITMENT OF ACCUSED
    19-815A.  CHALLENGING SUFFICIENCY OF EVIDENCE OF PRELIMINARY EXAMINATION.
A defendant once held to answer to a criminal charge under this chapter may
challenge the sufficiency of evidence educed at the preliminary examination by
a motion to dismiss the commitment, signed by the magistrate, or the
information filed by the prosecuting attorney. Such motion to dismiss shall be
heard by a district judge.
    If the district judge finds that the magistrate has held the defendant to
answer without reasonable or probable cause to believe that the defendant has
committed the crime for which he was held to answer, or finds that no public
offense has been committed, he shall dismiss the complaint, commitment or
information and order the defendant discharged.