State v. Goetz

The opinion of the court was delivered by

Cunningham, J.:

The defendants were brought before a justice of the peace for preliminary examination, upon a proper complaint charging them with an assault with a dangerous-and deadly weapon with intent to kill. Upon that examination the justice announced that he did not find “probable cause for charging the defendants with the offense,” but did find that they were guilty of an assault and battery. Thereupon the attorneys representing the state withdrew from the place of trial, and announced that they would take no further part in any of the…