Page:North Dakota Reports (vol. 3).pdf/171

 ex rel.  vs..

Opinion filed February 21st, 1893.

Complaint Before Magistrate—When Sufficient.

Section 8, Ch. 71, Laws 1890, which provides that, with certain specified exceptions, ‘no information shall be filed against any person for any crime or offense until such person shall have had a preliminary examination therefor, as provided by law, before a committing magistrate or other officer having authority to make preliminary examinations, unless such person shall waive his right to such examination,” etc., construed. Held, where a criminal complaint filed against the accused with an examining magistrate, after alleging time and place, designates the offense in general language, giving its name, and, in addition thereto, sets out such of the facts and circumstances constituting the offense as will fairly apprise a person of average intelligence of the nature of the accusation against him, it will be sufficient, within the meaning of the statute, to authorize the State's Attorney to file an information against the accused for the same offense if he has had or waived an examination on such complaint. It will make no difference with this rule if certain averments of fact which are essential in an infurmation are omitted from the complaint. Such complaints need not be framed with the same degree of care and technical accuracy as is required in framing informations and indictments. Tested by this rule, the complaint against the petitioner is examined, and found sufficient.

Errors of Procedure not Reviewed on Habeas Corpus.

Rulings of the District Court made upon the trial of criminal actions are reviewable by writ of error, but the writ of habeas corpus cannot be invoked for that purpose.

Habeas Corpus and Writ of Error Distinguished.

Where the petitioner pleaded in abatement to an information filed in the District Court against him that he had neither had nor waived a preliminary examination for the offense charged in such information, and the plea was overruled. Held, that such ruling was made by a court having jurisdiction of the person and the subject matter, and therefore the ruling cannot be reviewed by habeas corpus.

Petition for a writ of habeas corpus by the state, on the relation of Magnus Peterson, against Oscar G. Barnes, as Sheriff of Cass County.

Writ discharged.

Taylor Crum, for petitioner.

''Robt. M. Pollock'', State's Attorney.