In re Moragne

Citations

• 6 Idaho 82
• 53 P. 3
• 1898 Ida. LEXIS 26

Syllabus

<p>Habeas Corpus — Holding Pap.ty to Bail After Charge is Ignored by Grand Jury. — It is error to hold a party to bail to answer a charge of felony after the charge has been fully and fairly investigated by a grand jury which ignored the charge, in the absence of a showing of improper conduct on the part of the grand jury, and it is not made to appear that other evidence than that considered by the first grand jury, which tends to prove the guilt of the accused, can, with reasonable diligence, be presented to another grand jury to be impaneled at the next term of the district court.</p> <p>Resubmission of Criminal Charge to Grand Jury. — To authorize the resubmission of a charge which has been ignored by one grand jury to another grand jury to be thereafter impaneled, good cause for so doing must be shown.</p> <p>(Syllabus by the court.)'</p>