Sheriff v. Blackmore

*829OPINION

By the Court,

Springer, J.:

These two appeals arise from orders granting writs of habeas corpus and dismissing prosecutions because the state was not ready with its witnesses at the times set for preliminary examination.

Sheriff v. Blackmore, Appeal No. 14074

In Blackmore the magistrate denied the state’s motion for continuance and dismissed the criminal complaint. Blackmore was then indicted for the same offense. The district court granted habeas corpus and dismissed the indictment.

Under our cases where the magistrate properly dismisses the criminal proceeding at the preliminary…