In re Marshall
Idaho Supreme Court
An original proceeding in supreme court for writ of habeas corpus. The county attorney has no authority to file an information except when the defendant has had a preliminary examination as required by law, and has been regularly committed by a magistrate. (Const., art. 1, see. 8; First Sess.
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An original proceeding in supreme court for writ of habeas corpus. The county attorney has no authority to file an information except when the defendant has had a preliminary examination as required by law, and has been regularly committed by a magistrate. (Const., art. 1, see. 8; First Sess. Laws, 186.) The object of requiring a preliminary examination in a criminal case is, primarily, for the benefit of the accused, and to protect him from being restrained of his liberty unless he consents thereto, until the state has made a prima facie ease against him. This is a right given to everjune…
1Opinion of the CourtQuarles, J.
— The defendant applies for a writ of habeas corpus. The petition alleges, as ground for the writ, the following, to wit: 1. That the act approved March 6, 1893, which amends the information act of 1891, was not passed in the manner required by the constitution, and is void; 2. That the information was not verified by the oath of the county attorney who filed it, or by any one else.
The facts alleged in the petition show that the petitioner was arrested about December 6, 1898, under a cpmplaint charging him with grand larceny committed in Ada county, and was on *517the twelfth day of December,…
2Cases cited7 opinions
- State v. LarkinsIdaho Supreme Court · 1897
- State v. ClarkIdaho Supreme Court · 1894
- State v. BakerIdaho Supreme Court · 1899
- State v. RidenbaughIdaho Supreme Court · 1897
- Board of Commissioners of Shoshone County v. MayhewIdaho Supreme Court · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- In Re Contempt Proceedings of BrainardIdaho Supreme Court · 1934
- State v. PoynterIdaho Supreme Court · 1950
- City of Idaho Falls v. PfostIdaho Supreme Court · 1933
- State Ex Rel. Nielson v. City of GoodingIdaho Supreme Court · 1953
- In Re BatesIdaho Supreme Court · 1942
11 more not listed; retrieve them via the Exa API.