Dilley v. State
Idaho Supreme Court
APPEAL from District Court, Logan County. The objection that the court has no jurisdiction over the subject of the indictment is not waived by a failure to demur. (Rev. Stats., secs. 7742, 7750; People v. Mellon, 40 Cal. 648; AVells’ Jurisdiction of Courts, see. 66.) Objection to the jurisdiction is available in an action against the sureties on a bond.
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APPEAL from District Court, Logan County. The objection that the court has no jurisdiction over the subject of the indictment is not waived by a failure to demur. (Rev. Stats., secs. 7742, 7750; People v. Mellon, 40 Cal. 648; AVells’ Jurisdiction of Courts, see. 66.) Objection to the jurisdiction is available in an action against the sureties on a bond. (Pichenson v. State, 20 Neb. 72, 29 N. W. 184; 3 Criminal Law Magazine, p. 893, par. 1; Hodges v. State, 20 Tex. 497; McGee v. State, 11 Tex. App. 520; Williams v. Shelby, 2 Or. 144; State v. Nelson, 28 Mo. 13; State v. Bus-sell, 24 Tex. 505;…
1Opinion of the CourtHuston, J.
On the 20th of October, 1890, at Bellevue precinct, Logan county, Idaho, upon warrant of arrest issued by T. T. Redsull, a justice of the peace of said precinct, upon a complaint charging him with the crime of grand larceny, one William Ledford was arrested and brought before said magistrate. The magistrate, after the examination of said Led-ford, as prescribed by statute, held him to answer said charge, fixing his bail at the sum of $2,000. Thereafter, on the twenty-second day of October, said Ledford was, by writ of habeas corpus, taken before the judge of said district, who, upon a hearing…
2Cases cited5 opinions
- City of San Francisco v. RandallCalifornia Supreme Court · 1880
- Jones v. GordonSupreme Court of Georgia · 1889
- State v. HendricksSupreme Court of Louisiana · 1888
- Lee v. StateCourt of Appeals of Texas · 1888
- State v. SutcliffeSupreme Court of Rhode Island · 1889
3Cited by6 opinions
- State v. Sureties of KrohneWyoming Supreme Court · 1893
- Whiteaker v. StateSupreme Court of Oklahoma · 1911
- State v. LagoniMontana Supreme Court · 1904
- State v. OsbornIndiana Supreme Court · 1900
- Brickell v. WittmarCalifornia Court of Appeal · 1959
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