Rucker v. State

On Rehearing.

BRETT, J.

In the petition for rehearing defendant urges several grounds for relief, only one of which seems to merit consideration. That proposition is based-upon § 17, art. II of the Constitution as follows :

“No person shall be prosecuted criminally in courts of record for felony or misdemeanor otherwise than by presentment or indictment or by information. No person shall be prosecuted for a felony by information without having had a preliminary examination before an examining magistrate, or having waived such preliminary examination. Prosecutions may be instituted in courts not…