State v. Elling

KRUCKER, Judge.

An order granting the defendants’ motion to quash an indictment is the subject of this appeal. The State presents the following question for review:

“When a magistrate dismisses a complaint following an extensive preliminary examination on the ground that there was an illegal search, is the State precluded from thereafter obtaining a Grand Jury indictment against the defendants on substantially the same evidence ?”

The sequence of events preceding the motion to quash is as follows. At the conclusion of a preliminary hearing on a complaint charging the defendants with unlawful…