State Ex Rel. Kowaleski v. Kubiak

Appellant contends that the alleged corrupt agreement to accept a bribe depended upon the circumstances attending the first count, and that the fact that the magistrate dismissed the first count, and also the second, negatives the existence of the corrupt agreement required as an essential of the crime. It is not necessary to consider whether the magistrate was warranted in dismissing the first two counts. The testimony with respect to them was before him to consider whether any offense had been committed.

“If it appears that any offense has been committed and that the defendant is probably…