State v. Nolan
Idaho Supreme Court
APPEAL from tbe District Court of tbe Fourth Judicial District, for Twin Falls County. Hon. Wm. A. Babcock, Judge. From a conviction for grand larceny defendants appeal. The alleged justice of the peace did not reside in the precinct for which he was appointed and in which the court was held. He was not legally qualified to sit as a committing magistrate in this case, and a preliminary hearing held before him cannot have any legal effect.
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APPEAL from tbe District Court of tbe Fourth Judicial District, for Twin Falls County. Hon. Wm. A. Babcock, Judge. From a conviction for grand larceny defendants appeal. The alleged justice of the peace did not reside in the precinct for which he was appointed and in which the court was held. He was not legally qualified to sit as a committing magistrate in this case, and a preliminary hearing held before him cannot have any legal effect. See. 7662, Rev. Codes, providing for preliminary examination, is mandatory. (State v. Braithwaite, 3 Ida. 119, 27 Pac. 731.) A showing should be made by…
1Opinion of the CourtBudge, C. J.
The appellants, George Nolan and Percy Heath, were jointly informed against, together with Ealph Cunningham and Harry Hartwell, for the crime of grand larceny, it being alleged therein that the defendants “on or about the 21st day of June, 1914, at the County of Twin Falls, State of Idaho, did then and there wilfully, unlawfully and feloniously take, steal, drive and carry away one black polled Angus heifer of the value of One Hundred Dollars, and of the personal property of Ira Brackett and Chester E. Brackett.” An application having been made *76for separate trial, the trial court directed…
2Cases cited23 opinions
- Siberry v. StateIndiana Supreme Court · 1893
- State v. MoonIdaho Supreme Court · 1911
- Hamlin v. KassaferOregon Supreme Court · 1887
- McQueary v. PeopleSupreme Court of Colorado · 1910
- State v. SilvaIdaho Supreme Court · 1912
18 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Jackson v. DennoSupreme Court of the United States · 1964
- United States v. RosenbergCourt of Appeals for the Second Circuit · 1952
- State v. CottonIdaho Supreme Court · 1979
- State v. Van VlackIdaho Supreme Court · 1937
- State v. BassettIdaho Supreme Court · 1963
29 more not listed; retrieve them via the Exa API.