In re Heigho
Idaho Supreme Court
Original application for writ of habeas corpus. Writ issued and bearing had on return thereto. It is incumbent upon the state to show that there is such a relation between this act of the accused and the death of Mrs. Riegleman as to prove beyond reasonable doubt that such act was the exact cause of her death. (21 Am. & Eng.
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Original application for writ of habeas corpus. Writ issued and bearing had on return thereto. It is incumbent upon the state to show that there is such a relation between this act of the accused and the death of Mrs. Riegleman as to prove beyond reasonable doubt that such act was the exact cause of her death. (21 Am. & Eng. Enc. of Law, 97 (c).) A person must be presumed to do that which he voluntarily and wilfully does in fact do, and that he intends all the natural, probable and usual consequences of his acts (Commonwealth v. Webster, 5 Cush. 305, 52 Am. Dec. 711; People v. Mum, 65 Cal.…
1Opinion of the CourtAilshie, J.
Petitioner was held by the probate judge of' Washington county to answer the charge of manslaughter, and has applied to this court for his discharge on the ground that, *569the facts of the ease do not disclose the commission of a’ public offense. The evidence produced at the preliminary examination has been attached to the petition. This court cannot weigh the evidence on habeas corpus, but if it wholly fails to disclose a public offense for which a prisoner may be held on preliminary examination, then the petitioner would be entitled to his discharge. (In re Knudtson, 10 Ida. 676, 79 Pac. 641.)
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2Cases cited2 opinions
- Cox v. . the PeopleNew York Court of Appeals · 1880
- In re KnudtsonIdaho Supreme Court · 1905
3Cited by22 opinions
- Commonwealth v. GricusMassachusetts Supreme Judicial Court · 1944
- Great Eastern Casualty Co. v. BlackwelderCourt of Appeals of Georgia · 1918
- Application of MartinIdaho Supreme Court · 1955
- Fine v. StateTennessee Supreme Court · 1952
- In re BaughIdaho Supreme Court · 1917
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