Martinez v. State

McFADDEN, Justice.

After a preliminary hearing, appellant, Frank J. Martinez, was bound over to the district court on a charge of murder in the second degree. Martinez filed his application for a writ of habeas corpus in the district court, and the writ was issued to the sheriff of Canyon County, who made return that he was holding appellant pursuant to an order of the committing magistrate. On the issues so framed the cause was heard before the district court which held that appellant was not illegally held by the sheriff, and the writ was quashed. Appellant appealed from that order.

Appellant’…