State v. Farris
Idaho Supreme Court
APPEAL from District Court, Ada County. Our statutes provide that when an information is laid before a committing magistrate he shall take the depositions in writing, and cause the parties making -them to subscribe them. This is absolutely essential to give jurisdiction, in the first instance, to the proceedings which finally lead up to the point where the information may be filed by the district attorney. The information is predicated upon these matters.
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APPEAL from District Court, Ada County. Our statutes provide that when an information is laid before a committing magistrate he shall take the depositions in writing, and cause the parties making -them to subscribe them. This is absolutely essential to give jurisdiction, in the first instance, to the proceedings which finally lead up to the point where the information may be filed by the district attorney. The information is predicated upon these matters. The defendant is now convicted of an offense which was never placed before any committing magistrate. (Idaho Rev. Stats., secs. 7516, 7517;…
1Opinion of the CourtHeston, J.
The defendant was informed against upon the charge of larceny in the stealing of “one head of livestock, to wit, one bull calf, of the property of James H. Connaughton.” Epon arraignment upon said information, the defendant interposed motion to quash the information, upon the following grounds: “1. That said information fails to state or disclose that the defendant has had a preliminary examination for the offense charged in the information, and fails to state that he has waived his right to said preliminary examination; 3. For the reason that the defendant has never had any preliminary…
2Cited by12 opinions
- State v. McClurgIdaho Supreme Court · 1931
- State v. McGreeveyIdaho Supreme Court · 1909
- State v. MajorIdaho Supreme Court · 1986
- Canard v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Guey v. StateArizona Supreme Court · 1919
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