Sheriff v. Hamilton

OPINION

Respondent Hamilton was charged, by criminal complaint, with the crime of burglary. Following a preliminary hearing, Hamilton was held to answer as charged, and an information was filed against him. Thereafter, he successfully petitioned for a writ of habeas corpus. The state has appealed.1

Leslie Hendricks, Hamilton’s alleged accomplice in the burglary, was one of the state’s witnesses at the preliminary hearing.2 She testified that, on the evening in question, Hamilton requested her help in stealing a television set from the Four Queens Hotel, and she agreed. About 9:00 p.m. Hamilton…