17 Kan. 542 | Kan. | 1877
The opinion of the court was delivered by
Sec. 672 of the code, (Gen. Stat. 1868, 763,) provides: “No person shall be discharged from an order of commitment issued by any judicial or peace officer for want of bail, or in cases- not bailable, on account of any defect in the charge or process, or for alleged want of probable cause; but in all such cases, the court or judge shall summon the prosecuting witnesses, investigate the criminal charge, and discharge, let to bail, or recommit the prisoner, as may be just and legal, and recognize witnesses when proper.” Under this section we hold that when a writ of habeas corpus issues on a complaint of illegal imprisonment, for alleged want of probable cause, the judge or court issuing the writ may, even in cases where there is no defect in the charge or process, summon the prosecuting witness, investigate the criminal charge, and discharge, let to bail, or recommit the prisoner, as may be just and legal. This section gives'a party committed for a crime by an examining magistrate an appeal from his commitment by virtue of the writ of habeas corpus. The People v. Tompkins, 1 Parker’s (N. Y.) Crim. Rep. 224, 240. Upon this ground the court overruled the objection to the hearing of evidence in the case,
That the force of this decision may not be misconstrued, we may properly say, that the evidence shows there was no collusion between the firm of Painter & Son, and Snyder, and that the purchase of the cattle by Snyder of Glasscock
Let the petitioner be discharged.