In re Sly

Citations

• 9 Idaho 779
• 76 P. 766
• 1904 Ida. LEXIS 96

Syllabus

<p>Coroner’s Powers and Duties — Homicide—Failure to Hold Inquest — Discharge of Prisoner — Magistrate—Inquisition—Information — Evidence on Behalf of State on Preliminary Examination.</p> <p>1. Under the provisions of the constitution and laws of this state, a coroner is not a judicial officer.</p> <p>2. The provisions of section 2, article 5 of the constitution provide that the judicial powers of the state shall he vested in a court for the trial of impeachments, a supreme court, district court, probate courts, courts of justices of the peace, and such other courts inferior to the supreme court as may he established by law for an incorporated city or town, and a coroner is not thereby invested with the judicial powers of a court.</p> <p>3. Under the provisions of section 8377, Devised Statutes, and the facts of this case, it was the duty of the coroner to hold an inquest on the body of the deceased.</p> <p>4. The failure of the coroner to hold an inquest is not a ground for the release of one charged with the murder of the deceased.</p> <p>5. Under the laws of this state, and the provisions of section 7511, Devised Statutes, the coroner is not a magistrate, and has no authority to hold a preliminary examination.</p> <p>6. Under the common law a finding of a coroner’s jury is the equivalent of the finding.of a grand jury, and under the common law a person may be prosecuted for murder or mansluaghter on the former, without the intervention of the grand jury.</p> <p>7. Under the laws of this state, the inquisition of a coroner is not a sufficient basis for an information by the public prosecutor.</p> <p>8. The failure of the state to produce all of its attainable evidence on a preliminary examination is not ground for the release' of a defendant held to answer.</p> <p>(Syllabus by the court.)</p>