TITLE 19

CRIMINAL PROCEDURE

CHAPTER 8

EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED

19-814.  Discharge of defendant. If, after hearing the evidence adduced at the preliminary examination, the magistrate finds either that no public offense has been committed or that there is not sufficient cause to believe the defendant guilty of a public offense, the magistrate must dismiss the complaint and order the defendant to be discharged.

History:

[(19-814) Cr. Prac. 1864, sec. 159, p. 232; R.S., R.C., & C.L., sec. 7578; C.S., sec. 8756; I.C.A., sec. 19-714; am. 1969, ch. 467, sec. 8, p. 1339.]