State v. Freeman

I concur in the answer to propositions 1 and 4. As to number 1, I agree that the record showed a commitment by a magistrate having authority and that this record should have sooner been impunged by extrinsic evidence to upset its imported verity. I think, too, that the “binding over” is what gives the district court the right to proceed. If from the record it is evident that he was bound over on the charge in regard to which he is informed against, the fact that there may have been an irregularity in the manner in which such binding over is shown is not fatal. There must be evidence in the…