In re Knudtson

Citations

• 10 Idaho 676
• 79 P. 641
• 1905 Ida. LEXIS 9

Syllabus

<p>Preliminary Examination — Holding Prisoner Without Reasonable or Probable Cause cannot be Inquired into on Habeas Corpus After Conviction — Reversible on Appeal.</p> <p>1. Where a prisoner has been convicted in a court of competent criminal jurisdiction, and by such court committed to the state penitentiary, it is too late for the prisoner, on application for discharge on habeas corpus, to raise the question that the evidence produced against him at the preliminary examination did not show the commission by him of any offense, and that he was committed without reasonable or probable cause.</p> <p>2. The supreme court is a court of original jurisdiction on' applications for habeas corpus, and in the exercise of that jurisdiction cannot review as upon appeal questions which were properly presentable to the trial court upon arraignment or subsequent thereto.</p> <p>3. Under our system of prosecutions upon information, a prosecuting attorney has no right to file an information against anyone where the depositions taken at the preliminary examination fail to disclose any reasonable or probable cause for believing the defendant guilty of an offense, unless the defendant has waived examination.</p> <p>(Syllabus by the court.)</p>