In re Levy
| Decision Date | 21 November 1901 |
| Citation | 66 P. 806,8 Idaho 53 |
| Parties | IN RE LEVY |
| Court | Idaho Supreme Court |
HABEAS CORPUS-CRIMINAL EXAMINATION-COMMITMENT-DISCRETION OF COMMITTING MAGISTRATE.-An application for a writ of habeas corpus, upon the grounds that the petitioner has been "committed on a criminal charge without reasonable or probable cause," and is restrained of his liberty under such commitment, should be denied where it is not shown that the committing magistrate has abused the discretion which the law vests in him, the depositions taken at the examination showing that a crime has been committed and that it is reasonably probable that the petitioner committed such crime.
(Syllabus by the court.)
An original proceeding for writ of habeas corpus.
Writ denied.
A. A Fraser, for Petitioner, files no brief.
The petitioner applies to this court for a writ of habeas corpus. In the petition it is shown that the application is made to this court in the first instance for the reason that the judge of the third judicial district is absent from this, the county of Ada-the county where the petitioner alleges that he is unlawfully restrained of his liberty--and that the said district judge will be absent from said county for an indefinite period. It appears from the petition that the petitioner was arrested, upon a warrant that issued out of the probate court in and for Ada county, upon a criminal complaint charging him with the crime of murder committed in Ada county upon the person of one Davis Levy; that he had a preliminary examination before the probate judge, who as committing magistrate, made an order holding the petitioner to answer to the district court in and for said county upon said charge. This application is based upon the ground provided in subsection 7, of section 8354, of the Revised Statutes, which subsection is in words, as follows "Where a party has been committed on a criminal charge without reasonable or probable cause." This statute authorizes the issuance of the writ, and discharge of the prisoner thereunder, when the commitment is "without reasonable or probable cause," notwithstanding that the proceedings and commitment may be regular upon their face. Annexed to the petition as a part thereof is a transcript of all of the depositions taken at the examination. We have carefully examined all of the depositions, and, under the...
To continue reading
Request your trial
-
State v. McMahan
... ... Keller , 8 Idaho 699, 70 P. 1051; ... State v. McGann , 8 Idaho 40, 66 P. 823; State v ... Wilmbusse, 8 Idaho 608, 70 P. 849; State v ... Bland, 9 Idaho 796, 76 P. 780; State v ... Rathbone, 8 Idaho 161, 67 P. 186; State v ... Riggs , 8 Idaho 630, 70 P. 947; In re Levy , 8 ... Idaho 53, 66 P. 806; State v. Collett, 9 Idaho 608, ... 75 P. 271; State v. Levy, 9 Idaho 483, 75 P. 227; ... State v. Shuff, 9 Idaho 115, 72 P. 664; State v ... Crea, 10 Idaho 88, 76 P. 1013; In re Sly, 9 Idaho 779, ... 76 P. 766; State v. Rooke , 10 Idaho 388, 79 P. 82; ... ...
-
State v. Mcmahan
... ... Keller, 8 Idaho 699, 70 P ... 1051; State v. McGann, 8 Idaho 40, 66 P. 823; ... State v. Wilmbusse, 8 Idaho 608, 70 P. 849; ... State v. Bland, 9 Idaho 796, 76 P. 780; State v ... Rathbone, 8 Idaho 161, 67 P. 186; State v ... Riggs, 8 Idaho 630, 70 P. 947; In re Levy, 8 ... Idaho 53, 66 P. 806; State v. Collett, 9 Idaho 608, ... 75 P. 271; State v. Levy, 9 Idaho 483, 75 P. 227; ... State v. Shuff, 9 Idaho 115, 72 P. 664; State v ... Crea, 10 Idaho 88, 76 P. 1013; In re Sly, 9 ... Idaho 779, 76 P. 766; State v. Rooke, 10 Idaho 388, ... 79 P ... ...
-
Stockwell v. State
...added.) State v. Layman, 22 Idaho 387, 390, 125 P. 1042 (1922). And see, State v. O'Mealey, supra, 95 Idaho at 204; In re Levy, 8 Idaho 53, 66 P. 806 (1901). In short, the Idaho magistrate is given wide discretion in his decision to bind over; his is the determination as to what offense has......
-
State v. Bond
... ... scope and purpose of a preliminary examination is merely to ... ascertain that a public offense has been committed, and that ... there is sufficient cause to believe the defendant guilty ... thereof. (Rev. Stats. 1887, 7579; State v. Potter, 6 ... Idaho 584, 57 P. 431; In re Levy, 8 Idaho 53, 66 P ... 806; In re Mitchell, 1 Cal.App. 396, 82 P. 347; ... Jahnke v. State, 68 Neb. 154, 94 N.W. 158, 104 N.W. 154.) ... The ... relations shown to have existed between the defendant and his ... accomplice supply corroboration of the accomplice's ... testimony as ... ...