State v. Bland

The opinion of the court was delivered by

Hopkins, J.:

Defendant was arrested charged with grand larceny, waived a preliminary hearing, was bound over to the district court, gave bond for $500, and was discharged in district court on a plea in abatement. The state appeals.

The defendant contends that he was rightfully discharged because the examining magistrate’s transcript failed to show a finding had been made that a crime had been committed, and that there was probable cause to believe the defendant was guilty; also, that upon the trial of the plea in abatement an issue of fact was raised and…