CRIMINAL LAW AND PROCEDURE - PRELIMINARY EXAMINATION

A statute provided: No information shall be filed against any person for any offense until such person shall have had a preliminary examination therefor as provided by law before a magistrate, unless such person shall waive such right. . . . The defendant was complained against before a magistrate on a charge of grand. larceny. The magistrate refused to hold the accused on such charge but held him to answer on a charge of receiving stolen property. The prosecutor filed an information charging grand larceny. The defendant moved to quash the information on the ground that he had had no preliminary examination as required by the statute. This motion was denied and the defendant was convicted. On appeal, held, that the judgment should be reversed and the information set aside on the ground that the offense charged in the information could not vary from that charged in the committing order of the magistrate. State v. Anderson, (S. D. 1932) 244 N. w. 119