This case has been cited 1 times or more.
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2008-01-31 |
NACHURA, J. |
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| A petition for certiorari under Rule 65 is not the proper remedy against an order denying a motion to quash. The accused should instead go to trial, without prejudice on his part to present the special defenses he had invoked in his motion and, if after trial on the merits, an adverse decision is rendered, to appeal therefrom in the manner authorized by law.[10] Based on the findings of the investigating prosecutor and of the trial judge, probable cause exists to indict petitioner for the 3 offenses. Absent any showing of arbitrariness on the part of the investigating prosecutor or any other officer authorized by law to conduct preliminary investigation, courts as a rule must defer to said officer's finding and determination of probable cause, since the determination of the existence of probable cause is the function of the prosecutor.[11] | |||||