The action must be tried in the district court, on the indictment of a grand jury.

But in the meantime the perpetrator of a crime might escape.

To prevent this, the accused may be arrested and examined by a justice of the peace, to ascertain whether or not there are sufficient grounds for holding him for trial.
Proceedings .-- The preliminary proceedings are precisely like those in case of a trial.

Upon complaint duly made a warrant is issued, and the accused is arrested and brought before the justice.

In the presence of the accused, the magistrate examines the complainant and witnesses in support of the prosecution, upon oath, "in relation to any matter connected with such charge which may be deemed pertinent." Rights of Accused .-- The accused has a right to have witnesses in his behalf, and to have the aid of counsel, who may cross-examine the witnesses for the prosecution.
The Result .-- If it appears upon examination that the accused is innocent of the crime, he is discharged.