Legal Opinion

State v. McGreevey

Idaho Supreme Court

Decided December 31, 1909PublishedCited by 48 opinions

APPEAL from tbe District Court of the Seventh Judicial District, for the County of Canyon. Hon. Ed L. Bryan, J udge. Prosecution for murder; conviction of manslaughter. Defendant appealed. The prosecuting attorney is limited in his powers to charging the offense upon which the defendant has been committed. (Charge to Grand Jury, 2 Saw. '667, 30 Fed. Cas. No. 18,255; In re Bain, 121 IT. S. 1, 7 Sup.

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APPEAL from tbe District Court of the Seventh Judicial District, for the County of Canyon. Hon. Ed L. Bryan, J udge. Prosecution for murder; conviction of manslaughter. Defendant appealed. The prosecuting attorney is limited in his powers to charging the offense upon which the defendant has been committed. (Charge to Grand Jury, 2 Saw. '667, 30 Fed. Cas. No. 18,255; In re Bain, 121 IT. S. 1, 7 Sup. Ct. 781, 30 L. ed. 849; 20 Cyc. 1294, and cases cited; Hurtado v. California, 110 U. S. 516, 4 Sup. Ct. Ill, 28 L. ed. 232.) The supreme court of California, with constitutional and statutory…

1Opinion of the CourtAilshie, J.

— On February 25, 1908, the prosecuting attorney of Canyon county filed an affidavit or complaint with a justice of the peace of Canyon county, charging the appellant, James McGreevey, with the crime of murder committed by shooting and killing one W. Grant Whitney. The defendant was arrested and taken before the justice, and his preliminary examination was duly and regularly held in conformity with the requirements of law. Thereafter and on the 29th day of February, and after the evidence had all been *457submitted, tbe magistrate made an order bolding tbe defendant for appearance in tbe district…

2Cases cited22 opinions

  1. Beard v. United StatesSupreme Court of the United States · 1895
  2. People v. EvansMichigan Supreme Court · 1888
  3. State v. SpauldingSupreme Court of Kansas · 1880
  4. Yaner v. PeopleMichigan Supreme Court · 1876
  5. Latimer v. StateNebraska Supreme Court · 1898

17 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. State v. GriffithsIdaho Supreme Court · 1980
  2. State v. OwensIdaho Supreme Court · 1980
  3. State v. McKeehanIdaho Supreme Court · 1967
  4. People v. BirdCalifornia Supreme Court · 1931
  5. Carey v. StateIdaho Supreme Court · 1967

43 more not listed; retrieve them via the Exa API.

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