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STOCKWELL v. STATE

No. 12118.

573 P.2d 116 (1977)

98 Idaho 797

Michael Jerome STOCKWELL, Petitioner-Respondent, v. STATE of Idaho, Defendant-Appellant.

Supreme Court of Idaho.

December 2, 1977.

Attorney(s) appearing for the Case

Wayne L. Kidwell, Atty. Gen., Lynn E. Thomas, Deputy Atty. Gen., Boise, for defendant-appellant.

Peter D. McDermott of McDermott & McDermott, Pocatello, for petitioner-respondent.

BAKES, Justice.

This is an appeal from an order granting Michael Jerome Stockwell's petition for a writ of habeas corpus.1 If the procedural irregularities on both sides are overlooked, the appeal by the state attempts to raise the following issues: (1) whether a magistrate in a preliminary hearing may reduce the charge in a complaint when the evidence presented in a preliminary hearing...

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