Kilberg v. State

KRUCKER, Chief Judge.

This appeal is from a denial of a writ of habeas corpus. Petitioner was seeking to test the sufficiency of the evidence supporting a finding of probable cause and binding the petitioner over to superior court.

Petitioner was free on bond at the time he sought the writ, and the sole question before the court in this appeal is whether a defendant in a criminal matter, who has been released on bond, may test the results of a preliminary hearing by a petition for a writ of habeas corpus. Habeas corpus is one of the remedies to test the sufficiency of evidence. State v. Abbott,…