State v. Farris

Citations

• 5 Idaho 666
• 51 P. 772
• 1897 Ida. LEXIS 72

Syllabus

<p>Criminal Practice — Preliminary Examination's. — Under the provisions of the constitution and the statutes of this state, before a defendant can be informed against for a criminal offense, such' criminal must either have had a preliminary examination upon such charge, or have waived the same, and while the failure to aver such examination or its waiver in the information is not ground to support a motion to quash the information, we think •such averment the better practice.</p> <p>Same — Motion to Qtjash — When Should be Allowed. — Where, in support of a motion to quash an information, defendant files an affidavit wherein he states positively that he hs never had an examination upon the charge preferred in the information, it is the duty of the prosecution to refute such affidavit by the production of the depositions taken upon the preliminary examination, or other competent proof, and, failing to do so, the motion to quash should be allowed.</p> <p>Allegations in Information — Witen Held Sufficient.- — Where the information alleges one 0. to be the owner1 of the stolen property, and the proofs show that he was in possession of the property as the agent of the real owner, with full power to sell or otherwise dispose of the same, held, sufficient to uphold the allegation in the information.</p> <p>(Syllabus by the court.J</p>