Application of Groesbeck

OPINION

By the Court,

McNamee, J.:

This is an original petition for a writ of habeas corpus.

Petitioner, Sanchez, and Ward were jointly charged with murder. Following a preliminary hearing, they were bound over to the district court for trial. Upon arraignment each entered a plea of not guilty and trial was set for September 11, 1961. On August 4, 1961 Sanchez and Ward were discharged from custody on a writ of habeas corpus. After a second preliminary hearing, Sanchez and Ward were again bound over for trial.

On September 8, with permission of the district court, an amended information was filed…