In re Baugh
Idaho Supreme Court
APPLICATION for Writ of Habeas Corpus. Writ issued and hearing had on return thereto. “This court cannot weigh the evidence on habeas corpus, but if it wholly fails to disclose a public offense for which the prisoner may be held, on preliminary examination, then the petitioner should be entitled to his discharge. ’ ’ {In re Heigho, 18 Ida. 566, Ann.
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APPLICATION for Writ of Habeas Corpus. Writ issued and hearing had on return thereto. “This court cannot weigh the evidence on habeas corpus, but if it wholly fails to disclose a public offense for which the prisoner may be held, on preliminary examination, then the petitioner should be entitled to his discharge. ’ ’ {In re Heigho, 18 Ida. 566, Ann. Cas. 1912A, 138, 110 Pac. 1029, 32 L. R. A., N. S., 877; In re Enudtson, 10 Ida. 676, 79 Pac. 641; Ex parte Sternes, 82 Cal. 245, 23 Pac. 38.) The possession intended, to be prohibited is a criminal one, or a possession with criminal intent.…
1Opinion of the CourtMorgan, J.
W. H. Baugh, the petitioner herein, and A. M. Brickey, Jake Rolfson, Sam Adams and A. W. Gregor were arrested upon a charge of having intoxicating liquor in their possession, contrary to law, in Lincoln county. A preliminary examination was had before the probate judge of that county, sitting as a committing magistrate, which resulted in petitioner being held to answer -to said charge in the district court. He gave bond for Ms appearance, was after*389ward surrendered to the sheriff by his bondsmen, and petitioned this court for and procured the issuance of a writ of habeas corpus, directed to…
2Cases cited10 opinions
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- People Ex Rel. Perkins v. . MossNew York Court of Appeals · 1907
- In re CraneIdaho Supreme Court · 1915
- State v. OmaechevviariaIdaho Supreme Court · 1915
- In re SnellSupreme Court of Minnesota · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. TaylorIdaho Supreme Court · 1939
- State v. SterrettIdaho Supreme Court · 1922
- State v. SandersArizona Supreme Court · 1921
- State v. BaldwinIdaho Supreme Court · 1949
- State v. JohnsonIdaho Supreme Court · 1924
11 more not listed; retrieve them via the Exa API.