§806-88 - Ruling on motion to dismiss.
[§806-88] Ruling on motion to dismiss.
(a) The court shall determine from an examination of the information and its
attachments, and in light of any evidence presented at a hearing on a motion to
dismiss the information, whether the information and its attachments establish
the existence of probable cause to believe that the offense charged has been
committed and that the defendant committed the offense charged.
(b) A finding of the existence of probable
cause or lack thereof may be based in whole or in part upon hearsay evidence or
on evidence that may ultimately be ruled to be inadmissible at the trial. [L
2004, c 62, pt of §1]