Writ refused. No error in the ruling.
BARHAM, J., is of the opinion the preliminary hearing ordered before indictment should be had requiring the state to show probable cause even though a grand jury indictment has since issued. I am of the opinion an independent magistrate's determination of probable cause must be had regardless of a district attorney's filing a bill of information or a grand jury returning an indictment. See Pugh v. Rainwater,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.