United States v. Zerbst (111 F. Supp. 807, 1953)

WILLIAMS, District Judge. • ’

The defendant has moved that the warrant against him be dismissed on the following grounds:

“1. There was no legally competent evidence before the United States Commissioner at the preliminary hearing to sustain a finding of probable cause of the commission of any Federal offense by the Defendant.

“2. The testimony before the United States Commissioner at the preliminary hearing, if believed in toto, was insufficient in law to- sustain a finding of probable cause of the commission of the offense charged.

“3. That no witness testified before the United States Commissioner who could or did give legally competent evidence against the Defendant .which could support a finding of probable cause of the commission of the offense charged.

“4. That the holding of the Defendant to answer in the District Court, after a preliminary hearing before the United States Commissioner, upon evidence which was legally incompetent to sustain a finding of probable cause, constitutes a deprivation of liberty and property without due process of law, in violation of the Fifth Amendment to the Constitution of the United States.”

The only questions presented in the oral and written arguments of