State v. Mayhew

TEIGEN, Judge.

The defendant has appealed from an order of the district court which sets aside as null and void a preliminary examination in a criminal case because it was held before a county justice who was not qualified to hold the office on appointment by the county commissioners.

The defendant was arrested and charged with the crime of embezzlement, a felony. He was taken for a preliminary examination before Mel D. Diers, who had been appointed county justice by the county commissioners. At the close of the preliminary examination the defendant was discharged on the ground that the State…