In Jones v. Superior Court (1971) 4 Cal.3d 660, the Supreme Court held that where a magistrate who presides over a preliminary hearing makes a "material factual finding" that is fatal to a charge against the defendant, the finding bars the People from later including the charge in an information (unless the finding is not supported by substantial evidence). The Supreme Court made clear, however, that a magistrate's mere legal conclusion that the evidence was insufficient to establish probable cause does not preclude the People from including the offense in a subsequently filed information.