State v. Syster
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Gooding County. Hon. H. F. Ensign, Judge. Appeal from the order of a magistrate requiring defendants to give a bond to keep the peace. Appeal dismissed.
Read the full summary
APPEAL from the District Court of the Fourth Judicial District, for Gooding County. Hon. H. F. Ensign, Judge. Appeal from the order of a magistrate requiring defendants to give a bond to keep the peace. Appeal dismissed. A prosecution under the statute for surety to keep the peace is a criminal proceeding to prevent the commission of a crime, but is not a prosecution for crime. . (Fisher v. Hamilton, 49 Ind. 341; State v. Cooper, 90 Ind. 575; Adams v. Ashby, 2 Bibb (5 Ky.), 96; Weisselman v. State, 95 Wis. 274, 70 N. W. 169.) The order of the magistrate is a final determination of the matter.…
1Opinion of the CourtLee, J.
An information was filed with the probate judge of Gooding county, Idaho, sitting as a magistrate, charging *763that appellants had threatened to commit an offense against the person of the complaining witness and others. A warrant of arrest was issued, and appellants were brought before him and a hearing had on the information. The magistrate’s record recites that “the court, after hearing the evidence, finds for the plaintiff against the defendants, and orders that the above-named defendants, Otis Syster and Mollie Syster, give a peace bond, with two sureties to be approved by the court, in the…
2Cases cited10 opinions
- Holliday v. HollidayCalifornia Supreme Court · 1898
- Evans State Bank v. SkeenIdaho Supreme Court · 1917
- Fisher v. HamiltonIndiana Supreme Court · 1874
- Howard v. StateSupreme Court of Alabama · 1898
- State v. . LyonSupreme Court of North Carolina · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Porter v. StateTennessee Supreme Court · 1951