State v. Clark

Citations

• 4 Idaho 7
• 35 P. 710
• 1894 Ida. LEXIS 12

Syllabus

<p>Preliminary Examination — Commitment.—An order of commitment made in writing and entered in the docket of the committing magistrate is valid, although not indorsed on the depositions taken at the preliminary examination.</p> <p>Depositions — Section 7576 oe the Revised Statutes Construed.— Held, that the record in this case shows a substantial compliance with the provisions of section 7576 of the Revised Statutes in taking depositions and certifying same to the district court. Information — Jurisdiction—Waiver.—Motion to quash information, on the ground that the court had no jurisdiction to try the defendant, for the reason that the law had not been complied with in. the arrest and preliminary examination of the defendant, must be made before plea or trial, or the same is waived.</p> <p>Defects in Preliminary Examination. — Technicalities or defects in the preliminary examination of a defendant will not render them invalid, unless they actually prejudice the defendant, or tend to his prejudice in respect to some substantial right.</p> <p>(Syllabus by the court.)</p>