Ex Parte Seyfried

KEETON, Justice.

Petitioner vas charged in a criminal complaint filed in the Probate Court of Ada County with the crime of burglary, allegedly committed in the nighttime. A preliminary examination was had and petitioner was held to answer. Petitioner was committed to the sheriff in default of bail, and sought his release on the ground that there was no evidence introduced in said preliminary examination which proved, or even tended to prove, that petitioner entered the dwelling he was charged with burglariously entering with the intent to commit larceny or any felony. On a trial in the…