McIntyre v. Sands

The opinion of the court was delivered by

Johnston, C. J.:

This is a habeas corpus proceeding. J. B. McIntyre was accused of the crime of arson in the first degree. Upon the filing of a complaint he was arrested and brought before a magistrate for a preliminary examination. A hearing was had and the magistrate found that the crime had been committed and that there was probable cause to believe that the petitioner was guilty of the *522offense charged. It appears that his codefendant, Ephraim Garrett, jointly charged with commission of the crime, pleaded guilty to his part in the burning of the…