Kluck v. State

The following opinion was filed November 10, 1936:

Fritz, J.

The first assignment of error is that the trial court erred in denying defendant’s plea in abatement, on the ground that he had been bound over to the circuit court without sufficient evidence. It is well established that in passing upon such a plea, the reviewing court is required to,—

“Examine the evidence only sufficiently to discover whether there was any substantial ground for the exercise of judgment by the committing magistrate. It cannot go beyond that and weigh the evidence. It can say whether the complaint will admit of a…