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eBook details

• Title: Michael Jerome Stockwell v. State Idaho
• Author : Supreme Court of Idaho No. 12118
• Release Date : January 02, 1977
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 95 KB

Description

This is an appeal from an order granting Michael Jerome Stockwell's petition for a writ of habeas corpus.[Footnote 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 is capable of sustaining inferences supporting the charge in the complaint; (2) under what circumstances can the prosecuting
attorney have a preliminary hearing reopened to submit additional evidence supporting the charge; (3) under what circumstances
may a prosecutor in a felony case file a second criminal complaint following his dismissal without prejudice of a first criminal
proceeding for the same charge in which the committing magistrate has bound the defendant over to district court on a reduced
charge. These questions are presented in the following factual context. On October 18, 1975, the defendant respondent Michael Jerome Stockwell shot and killed Robert Miller while he was a guest
in Miller's home. On the following day, an investigating police officer filed a criminal complaint charging Stockwell with
murder in the second degree. On October 30, a preliminary hearing was held in the magistrate's division of the district court.
At that hearing, Gary Drzymolski, who was an acquaintance of both Stockwell and Miller and a witness to the shooting, testified
to the following scenario.

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