Legal Opinion

State v. Wilmot

Idaho Supreme Court

Decided October 29, 1931No. 5732PublishedCited by 1 opinion

1Opinion of the CourtGivens, J.

—Defendant demurred to, and moved to quash, a criminal complaint filed against him in the district court under chap. 198, 1925 Sess. Laws, p. 368, on the ground, among others, that because' sec. 2 of the act requires that all actions or proceedings thereunder, though designated misdemeanors, “shall” be in the district court, the act violates art. 1, sec. 8, of the Constitution.

This provision of the Constitution requires a preliminary examination, or action by a grand jury, before prosecution in the district court, of all criminal causes, except, so far as material here, “cases cognizable by…

2Cases cited3 opinions

  1. Epperson v. HowellIdaho Supreme Court · 1916
  2. Fox ex rel. State v. FlynnIdaho Supreme Court · 1915
  3. State v. WestIdaho Supreme Court · 1911

3Cited by1 opinion

  1. State Water Conservation Board v. EnkingIdaho Supreme Court · 1936

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