State v. Miller

The opinion of the court was delivered by

Johnston, C. J.:

Tom Miller was prosecuted upon a charge of robbery, and convicted of pocket-picking. On appeal he complains that he never had a preliminary examination on the offense charged in the information. An examination was accorded him before J. W. Farrell, who had been duly elected, and was then acting, as a justice of the peace; but the contention is that as the officer had also accepted an appointment as city attorney he had forfeited and vacated the former office, and was, therefore, without judicial authority.

The defendant has not pointed…