State

Decided December 24, 1855

Indiana Supreme Court · decided 1855-12-24

<p>The Court of Common Pleas, by tbe 2 B. S. 1852, is always open for preliminary examinations in criminal cases; and witnesses may be summoned to appear before the judge in vacation for the purpose of having their testimony taken, and subscribed by them, as the basis of an information.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1855-12-24

How this case has been cited

Cited by 8 later decisions — most recently August 1922

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1Joseph H. Matlock, district attorney for Wabash county, called before the judge of the Wabash Common Pleas, sitting in the court-house in vacation, witnesses, and proposed to examine them and have their testimony taken down, and subscribed by the witnesses, as the basis of an information against one William Eitton, for retailing without license, but the judge refused to hear such examination, &c., till an information charging the offence was first filed, &c.

¶2We think the Court erred. Section 3, p. 385, 2E. S. 1852, authorized such a proceeding in term time; and s. 34, p. 22, of the same volume, provides, that for such examinations, the Court “shall be always open;” it shall be always term time.

¶3The proceedings under consideration took place on the 3d of February, 1853.

¶4To be certified, &c.