Downey v. Sheriff

*15OPINION

The sole issue presented by this appeal is whether or not the appellant is entitled to a writ of habeas corpus discharging her from restraint and prohibiting further prosecution when the state secures a continuance of a scheduled preliminary examination by means of an affidavit1 containing inaccurate statements of fact.2 Upon the strength of the state’s affidavit, the magistrate granted a two week continuance. The appellant petitioned for a writ of habeas corpus, which was denied, and this appeal followed.

The issue thus presented must be answered in the negative. While the prosecutor…