State v. Braithwaite

Citations

• 3 Idaho 119
• 27 P. 731
• 1891 Ida. LEXIS 26

Syllabus

<p>Information — Preliminary Examination foe Commitment — Constitution Construed. — Section 8, article 1, of the constitution of Idaho, authorizes proceedings either by indictment or by information. That section, in connection with the act of the legislature passed to carry into effect the provisions of said section (see First Session Laws of Idaho, page 184), authorizes a proceeding by information only where a defendant has had a preliminary examination, as prescribed by chapter 7 of title 3 of the Penal Code of Idaho, or has waived such examination or is & fugitive from justice.</p> <p>(Syllabus by Sullivan, C. J.)</p>