Johns v. State

The actions were commenced by warrants and complaints. Johns was extradited from Illinois and after the extradition, informations were filed charging him and one Robert O’Connor with armed robbery and first-degree murder. No preliminary examination was held. Johns moved in the municipal court to remand the case to the district court for a preliminary examination. The motion was denied. Later he was arraigned and pleaded not guilty.

The first question is whether Johns was entitled to a preliminary examination. An information should not be filed until a defendant has a preliminary examination…