State v. Griffin
Idaho Supreme Court
APPEAL from District Court, Logan County. The court erred in refusing defendant’s motion to quash the information, on the ground that the defendant had not, prior to the filing of said information, had a preliminary examination before a magistrate, as required by law and was thereby deprived of a'substantial right.
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APPEAL from District Court, Logan County. The court erred in refusing defendant’s motion to quash the information, on the ground that the defendant had not, prior to the filing of said information, had a preliminary examination before a magistrate, as required by law and was thereby deprived of a'substantial right. (Const., art. 1, sec. 8; Laws 1890-91, secs. 6, 8, p. 186) Idaho Rev. Stats., see. 7525; State v. Braithwaite, .3 Idaho, 119, 27 Pac. 731) State v. Glarh, ante, p. 7, 35 Pac. 710.) The preliminary examination should have been held in the precinct where the offense was alleged in…
1Opinion of the CourtHuston, J.
The defendant was convicted, at the May term, 1894, of the district court for Logan county, of the crime of grand larceny. This appeal is from the judgment of conviction. The errors alleged are that the defendant did not have the preliminary examination provided by statute, in this: That the warrant of arrest was issued by and made returnable and the examination had before a justice of the peace of another precinct (in the same county) than that in which the offense was charged to have been committed. It is not charged *463or contended but that the preliminary examination was in strict accordance…
2Cited by3 opinions
- State v. AndrusIdaho Supreme Court · 1916
- State v. McGannIdaho Supreme Court · 1901
- Bixby v. ChickeringCalifornia Court of Appeal · 1958