Ex parte Walsh

Citations

• 39 Cal. 705
• 1870 Cal. LEXIS 143

Syllabus

<p>Waives op Examination.—Criminal Law.—A waiver of an examination by a party charged with felony, before a Justice of the Peace, and the commitment and admission to bail of the accused by the Justice, without any examination of witnesses for the people, is not a bar to any other or further examination on the same charge by a District Judge, or other magistrate, on a proper application.</p> <p>Idem.—Criminal Pbactice—Chapter 7, of the Criminal Practice Act, in effect, requires that the witnesses for the people shall be examined, but does not contemplate a total waiver by defendant of any examination into the charge made against him.</p> <p>Idem. — The prevailing practice of admitting persons charged with felony to bail, without an examination of the witnesses for the people, is unauthorized by the statute.</p> <p>Preliminary Examination. — Criminal Law. —Whether when the Justice of the Peace had examined the witnesses against the accused, and proceeded, in other respects, in accordance with the statute, such proceeding would necessarily oust the authority of another magistrate to proceed anew to investigate the same charge, not decided.</p>