State v. Ray

Citations

• 81 Kan. 159
• 105 P. 46
• 1909 Kan. LEXIS 320

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Habeas Corpus — Appeal from Examining Magistrate to District Court. The civil code (old Civ. Code, §672; Civ. Code 1909, § 700) gives a party committed for a crime by an examining magistrate an appeal to the district court by the writ of habeas corpus.</p> <p>2. - Discharge by District Court — Appeal to the Supreme Court. Where an appeal is so taken to the district court from the order of an examining magistrate committing a person upon a criminal charge, and he is upon such proceedings dis- ■ charged by the district court for want of probable cause to hold him for trial, there is no authority for an appeal to this court from the order discharging the prisoner.</p>