State v. Vines

Kimball, Chief Justice.

James Vines appeals from a judgment by which he is sentenced to death on an unqualified verdict finding him guilty of the murder of Louis J. Schiller at Hulett, Crook County, on September 14, 1933.

The appellant, on November 25, 1933, filed a plea in abatement from which the following facts appear. He was arrested without a warrant on October 7, and thereafter, on October 10, was charged with the crime by complaint filed with a justice of the peace. A warrant on the complaint was served on appellant^ but he was never taken before the justice, no preliminary examination…