State Ex Rel. Wojtycski v. Hanley

Relator insists that there is no competent evidence in the record upon the preliminary examination connecting him with the crime with which he is charged, and that therefore the examining magistrate exceeded his jurisdiction in binding relator over for trial. The rule is that upon pre liminary examination, if it shall appear that a crime has been committed and there is probable cause to believe the prisoner guilty, he is to be committed for trial. Sec. 361.18, Stats. The test is whether the evidence worthy of consideration, in any aspect for the judicial mind to act upon, brings the charge…