Stroud v. Superior Court

Opinion

BAXTER, J.

Here we consider issues concerning the application of Penal Code section 861. This statute requires dismissal of a criminal complaint if the preliminary examination is not completed in “one session . . . , unless the magistrate, for good cause shown by affidavit, postpones it.” {Ibid., italics added.)1

During a preliminary examination of capital defendants in custody, the parties stipulated to minor interruptions for their convenience and waived, on the record, the continuous conduct of the examination during those particular periods. Then, on the fourth day of the…