In Re Marshall

McALISTER, C. J.,

Specially Concurring. — -I con-' cur in the opinion of Mr. Justice ROSS. It leaves-no doubt in my mind as to the correctness of the conclusion reached therein that under the statutes of this state an order of a committing magistrate admitting to bail a person accused of a capital offense is an adjudicated matter and, hence, beyond the power of the court to which he is held to answer or any other court to change. The proposition was so novel and out of harmony with the view generally accepted as true in this jurisdiction that it did not impress me as meriting serious…