Cowell v. Patterson
Supreme Court of Iowa
Appeal from J. N. Weaver, Judge, at Chambers. The plaintiff applied for and obtained a writ of habeas corpus. The defendant is deputy sheriff of Kossuth county, and as such he has the custody of the petitioner, who is confined in jail in that county. The petitioner had been brought before one Davey, a justice of the peace in Estherville township, Emmet county, for a preliminary examination upon an information charging him with the crime of assault with intent to kill.
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Appeal from J. N. Weaver, Judge, at Chambers. The plaintiff applied for and obtained a writ of habeas corpus. The defendant is deputy sheriff of Kossuth county, and as such he has the custody of the petitioner, who is confined in jail in that county. The petitioner had been brought before one Davey, a justice of the peace in Estherville township, Emmet county, for a preliminary examination upon an information charging him with the crime of assault with intent to kill. He was held to answer, and his bail fixed at two thousand dollars. In default of bail the justice issued a mittimus to the…
1Opinion of the CourtAdams, J.
1. habeas corpus: waiver, It is undoubtedly the right of a person brought before a magistrate for preliminary examination to waive the examination. It follows that in such case no examination should be held. The defendant must be considered as admitting, for the purpose of dispensing with the examination, and for no other, that the testimony, if taken, would be sufficient to justify the magistrate in holding him. The petitioner claims the right in this proceeding to-raise the question of the sufficiency of the evidence to justify his being held. He relies upon section 3482 of the Code. That…
2Cited by5 opinions
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