Application of Kline

OPINION

By the Court,

Badt, J.:

This is an appeal by the state from a judgment granting Dudley Kline, the respondent, a writ of habeas corpus and discharging him from custody after he had been held for trial pursuant to a hearing before a committing magistrate charging him with the crime of extortion. The only question we are called on to decide is whether it was error for the district court to hold that there was not “sufficient cause to believe the defendant guilty” of the offense that had been committed. Sec. 10785, N.C.L. 1929. Narrowed still further, was it error for the district court to…