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Judge Evans oites the follorinc from the Supreme Court of the United Stateas : “The indictment ras before th. oomiissioner simply as cvidcnoe for the purpoze of establishing or tendins to establish th: comiission of an 7: off-nse; end th. cornissioner had authority - to P2ss upon its effcot in that asoeot only. The -<-. court reviewin: th: aotion of the oconmaissioner ander . seotion 1014 upon habeas corpus was governed by the — game rul::a and its decision was | Bubjeot to the aaa oe sone Linita. ° ° - owt Fling Ee way TFS "In other vords,” ‘the comuissioner, or the La PE court in revier on habeas corpus, for lack of - -#: po.er oannot conclusively edjudge the indiotment, ~ aw ge gua inéictment, to be cithcr good or bad or pass. Se finally upon t he _fuiit or innocence of tho Boee® accused, +. Upon the ease here prescated, . “ 2 the trisl oour$ alone had plenary jurisdictian over the ouuse and conseouc:itly alone had plenary poer to pass upon the sufficiency of the indlotment as the plcadinz rhioh initiated and Fas the foundation Tsay of the prosecution.” ; a es a) eto ad Pats Juige Cvans continuing, etates: "In other words, appellants? contention thes. - they were guilty, if at all, of a scpurate offense, then ch.recad in the indlotment vith bein: accessory utter She fact. ios ea Mmitter solely for the detere "The oomiiscion:r properly concludcd that he = - was bound to resocet the sufficiency of the indicte - ment as returned by th grund jury, and wos merely — chircged with th: duty of easocrtuinioy whether there Was reasonable onuse to belicye the prisoner cuilty. - "The legal cuestion (the construction of the a. indictment in the licht of seotions 332, 333 anf 22 =. 334 of the Crininn1 Code fs one whioh oan only be ss determined by the court where the indie tment is pending. * In the late oase ‘ef orig Ve Bolton, et a, vals 63 Fe(2d), 158, the court points out ‘that by tee 7 Supreae court of the U: ited States th: lar of oonsciracy that g@ecisions of th it is thorou-hly sctvicc as aye