Sheriff v. Hodes

OPINION

By way of indictment, respondents were charged with the attempted murder of Steven Malvey, and aiding and abetting one another in the commission of said offense.1 Thereafter, respondents petitioned the district court for a pretrial writ of habeas corpus alleging that their restraint was “unlawful in that there was not sufficient evidence presented at the Grand *186Jury Proceeding in this matter to constitute probable cause for remanding [them] to District Court upon the charges stated in the Indictment.” This is an appeal from an order granting respondents’ petition. The lower court found…