State v. McNeal

(dissenting). — I dissent from the conclusion reached by. David E. Blair, P. J., in holding that the withdrawal of the defendant’s plea in abatement operated to withdraw his waiver of preliminary hearing.

I. The statute-makes that provision for his benefit, so that he may ascertain what evidence the State has to produce against him. It is not a necessary procee(j^g -^ess he demands it.-. He may feel that it is to his advantage to waive preliminary hearing, and he may waive it either directly or by conduct. In this case he waived it by his conduct. This is not disputed. The charge was preferred…