State v. Belcher

ELLETT, Justice.

While the appellant was an inmate of the Utah State Prison, he was accused of having made an assault upon a guard with malice aforethought, a felony punishable by death. Sec. 76-7-12, U.C.A.1953, as amended (1969 pocket supplement). The complaint was filed in the office of the committing' magistrate on August 6, 1969. In felony cases the filing of a complaint is the process by which the defendant is held until a preliminary hearing can be held to permit the magistrate to determine if the defendant should be bound over to the district court for trial. (21 Am.Jur. 2d Crim. Law §…