Dodd v. Boies

BERNSTEIN, Justice.

This is an original petition for a writ of habeas corpus to obtain the release of petitioner from the Maricopa County jail, where he is being held, without bail, for trial.

The principal issue before the Court is whether the evidence adduced at the preliminary hearing justified the magistrate in concluding there was “probable cause” that petitioner was guilty of the offense with which he was charged. Under our statutes, 17 A.R.S. Rules of Criminal Procedure, Rule 33, and § 13-2012, the magistrate shall hold a defendant for trial if he has no jurisdiction, and if he concludes…