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Idaho Supreme Court· 11/21/1901

In re Levy

Citations

  • 8 Idaho 53
  • 66 P. 806
  • 1901 Ida. LEXIS 48

Syllabus

<p>Habeas Corpus — Criminal Examination — Commitment—Discretion of Committing Magistrate. — An application for a writ of habeas corpus, upon the grounds that tbe 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.</p> <p>(Syllabus by the court.)</p>

Judges: Quarles, Stockslager, Sullivan

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