STATE v. STEWART

No. 9258.

392 P.2d 180 (1964)

STATE of Idaho, Plaintiff-Respondent, v. Fred STEWART, Defendant-Appellant.

Supreme Court of Idaho.

May 4, 1964.


Attorney(s) appearing for the Case

Vernon K. Smith and Orvil D. Atkinson, Boise, for appellant.

Allan G. Shepard, Atty. Gen., and Richard E. Weston, Asst. Atty. Gen., Boise, C. Robert Yost, Pros. Atty., Canyon County, Caldwell, for respondent.


SMITH, Justice.

Appellant questions the legality of his conviction of a felony after having been charged with, and held to answer a second time in the district court, for the same offense.

On February 25, 1961, a complaint, duly filed, charged appellant (defendant) with first degree burglary allegedly committed on or about that same date. After several continuances, a preliminary hearing was held April 28, 1961, before a magistrate in Canyon County. Appellant...

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