State v. Griffith

After reviewing the record made at the preliminary hearing, it is my conclusion that the magistrate did not abuse his discretion in binding the defendant over to district court for trial on the charge of grand larceny. I must also express my disagreement with the majority’s comments regarding the degree of specificity required in the magistrate’s decision to bind the defendant over for trial and the deference this Court must give the district court’s review of the magistrate’s action in binding the defendant over for trial.

At the preliminary hearing, the state is not required to prove the…