Gibbs v. Shaud

McFADDEN, Chief Justice.

This appeal is from a judgment and order of the District Court quashing and dismissing a petition for writ of mandate. The facts giving rise to this action are as follows: Roy Allen Gibbs, the petitioner-appellant, was charged in the magistrate’s division of the district court in Jerome County with the crime of illegal possession of a controlled substance in violation of I. C. § 37-2732(c) (2), maximum punishment for which is imprisonment for not more than one year, or by a fine of not more than $1,000, or both. Gibbs moved to have a preliminary examination on the…