Benjamin v. State

Citations

• 25 Fla. 675

Syllabus

<p>1. A person accused of a capital crime and held under a mittimus, issued by a magistrate, to await the action of the grand jury, is entitled upon habeas corpus to introduce evidence and show the real character or circumstances of the alleged offence, and should be admitted to bail unless “ the proof is evident, orthe presumption great ” that he is guilty of a capital offence. The right on habeas corpas is not lost or surrendeted by the accused having, waived a preliminary examination before the magistrate and the omission of the magistrate to make the examination on account of such waiver.</p> <p>2. If a pert on accused of crime waives a preliminary examination before a magistrate and on account of the waiver no examination is had, he will be estopped to claim any advantage because of the absence of such examination.</p> <p>3. That the proposal of a person charged with crime to waive a preliminary examination before a magistrate, necessarily relieves tlia magistrate from making the examination, quaere?</p>