125 Iowa 461 | Iowa | 1904
The issue presented to the court, then, was whether the accused, in aiming his revolver at his wife, intended to inflict great bodily harm, or some more serious offense, or did this merely with the purpose of frightening her. The record, as said, was such as to leave either inference open, and, as the bearing on habeas corpus is by ordinary proceedings, we are not at liberty to interfere with the conclusion reached. Drumb v. Keen, 47 Iowa, 435; Ex rel. Shaw v. Nachtwey, 43 Iowa, 653; Bonnett v. Bonnett, 61 Iowa, 199; Kuhn v. Breen, 101 Iowa, 665. As the court found there was not good reason for believing an indictable offense had been committed, there was no error in entering the order of discharge.
Section 4453 authorizes the court or judge in a proceeding like this to hold the accused to bail, but not for offenses triable in justice court. Whether the court possessed the power to direct the prosecution of the petitioner in justice court need not be considered. At the most, such a course was discretionary, and will seldom, if ever, be essential in order to secure the proper administration of justice. — Affirmed.