In re Squires
Idaho Supreme Court
ORIGINAL application in this court for writ of habeas corpus. In order to hold a defendant under section 8354, Revised Statutes, it is not necessary that the state present such a case at the preliminary examination as would be required to convict him in the district court beyond a reasonable doubt. {In re Sly, 9 Idaho, 779, 76 Pae. 766.) Under the section of the statute above referred to, it is uniformly held that the question of the preliminary showing which the state is…
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ORIGINAL application in this court for writ of habeas corpus. In order to hold a defendant under section 8354, Revised Statutes, it is not necessary that the state present such a case at the preliminary examination as would be required to convict him in the district court beyond a reasonable doubt. {In re Sly, 9 Idaho, 779, 76 Pae. 766.) Under the section of the statute above referred to, it is uniformly held that the question of the preliminary showing which the state is required to make at the examination of the prisoner is a question apart from that of the showing it must make on…
1Opinion of the CourtSullivan, J.
This is an application for a writ of habeas corpus by A. H. Squires, who was held to answer to the district court on a charge of manslaughter by the probate judge of Latah county. This application is made under the provisions of subdivision 7 of section 8354, Revised Statutes. Said section provides, after enumerating certain causes in which a writ may issue, as follows: “Where a party has been committed on a criminal charge without reasonable or probable cause.” Counsel for the petitioner contends that the evidence does not show reasonable or probable cause for holding the petitioner to…
2Cases cited2 opinions
- In re LevyIdaho Supreme Court · 1901
- Ex parte ChatfieldCalifornia Supreme Court · 1894
3Cited by7 opinions
- Carey v. StateIdaho Supreme Court · 1967
- Martinez v. StateIdaho Supreme Court · 1965
- State v. LaymanIdaho Supreme Court · 1912
- Vaughn v. StateTennessee Supreme Court · 1942
- O'Neill v. StateIdaho Supreme Court · 1969
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