State Ex Rel. Offerdahl v. State

Relator submitted to the jurisdiction of the circuit court by making his motion to dismiss in that court. Having done so, he can no longer seek habeas corpus to test the sufficiency of the evidence at the preliminary examination. The order denying such motion is a non-appealable order. State v. Leikness (August Term, 1960, State No. 33, decided March 7, 1961), unreported.

The issue raised with respect to the failure to provide relator with separate counsel to represent him at the preliminary hearing is without merit. There is no constitutional right to be provided with counsel at a preliminary…