Delay v. Brainard

I thoroughly agree with the majority opinion that there is sufficient evidence to bind the defendant over for trial on the merits to the district court. However, I wish to point out that this determination is in no way *520controlling, or even indicative of the proper disposition of the issue of proximate cause, on the trial of this case. The determination of this issue must abide the exploration of all of the evidence on the trial of the case on its merits. It is not necessary that the evidence at a preliminary hearing be sufficient to support a verdict of guilty or that it show guilt beyond a…