State v. Maki

Murphy, Justice.

Appeal from an order of the municipal court of the city of Duluth dismissing a complaint after a preliminary hearing. The complaint charged defendant with alleged violation of statutes relating to possession of prohibited drugs, Minn. St. 1969, §§ 618.02 and 152.09. The state contends here that the municipal court misconceived its role as a magistrate in preliminary examination and functioned as a trier of fact in determining guilt or innocence rather than passing upon the issue of whether the evidence presented by the prosecution was sufficient to establish probable cause…