People v. Fochtman

Defendant was convicted of selling intoxicating liquor to one Benjamin Pine on June 12, 1922. At the trial he claimed former jeopardy. It appears that the examining magistrate made return to the circuit of the proceedings before him and the recognizance given by defendant but omitted to sign the return, and defendant, when put on trial in the circuit, and after a jury was impaneled and sworn, moved to quash the information on the ground that this omission deprived the court of jurisdiction. This motion was granted and the jury excused. The examining magistrate then signed the return and a new…