Legal Opinion

In re Oxley

Nevada Supreme Court

Decided July 15, 1915No. 2183PublishedCited by 39 opinions

Original proceeding. . Petition of James Oxley and James Mulvaney for a writ of habeas corpus. There is no statute authorizing a second arrest and a second preliminary examination where a party has been discharged by a committing magistrate because of the insufficiency of the evidence to support the alleged offense. (Rev. Laws, sec. 6930, et seq.) .The district attorney cannot disregard the criminal statutes which provide a method of procedure in criminal cases.

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Original proceeding. . Petition of James Oxley and James Mulvaney for a writ of habeas corpus. There is no statute authorizing a second arrest and a second preliminary examination where a party has been discharged by a committing magistrate because of the insufficiency of the evidence to support the alleged offense. (Rev. Laws, sec. 6930, et seq.) .The district attorney cannot disregard the criminal statutes which provide a method of procedure in criminal cases. And criminal statutes must be strictly construed. (Wharton, Crim. Law, 11th ed. vol. 1, p. 52; U. S. v. Clayton, Fed. Cas. No.…

1Opinion of the Court

By the Court,

Norcross, C. J.:

This is an original proceeding in habeas corpus. Upon a complaint sworn to on the 24th day of May, 1915, charging petitioners with the crime of grand larceny, petitioners were arrested, and .thereafter, upon a.preliminary examination held, before the justice of the peace in and for Elko township, county of Elko, on the 29th day of May, 1915, petitioners were ordered discharged from custody upon the ground of insufficiency of the evidence offered to justify holding the petitioners to answer. Thereafter and on the same day, following the discharge of petitioners, a…

2Cases cited15 opinions

  1. Eureka County Bank Habeas Corpus CasesNevada Supreme Court · 1912
  2. People v. . DillonNew York Court of Appeals · 1910
  3. State v. LeeMontana Supreme Court · 1905
  4. In re Kelly ex rel. OsunaNevada Supreme Court · 1905
  5. State v. SmithSupreme Court of Alabama · 1902

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3Cited by39 opinions

  1. United States Ex Rel. Rutz v. LevySupreme Court of the United States · 1925
  2. Austin v. StateNevada Supreme Court · 1971
  3. Goldsmith v. Sheriff of Lyon CountyNevada Supreme Court · 1969
  4. Application of HutchinsonNevada Supreme Court · 1960
  5. Curreri v. ViceCourt of Appeals for the Ninth Circuit · 1935

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