Remedial Law, 2019 Bar — Question B.13-a

ESSAY

In a neighborhood bicycle race, Mr. A bumped the bicycle of one of his competitors, Mr. B, in order to get ahead. This caused the latter to lose control of the bike which hit the concrete pavement and sent Mr. B crashing headfirst into the sidewalk. By the time the organizers got to him, Mr. B was dead. Law enforcement authorities who witnessed the incident arrested Mr. A without a warrant, and immediately brought him to the inquest prosecutor for the conduct of an inquest. Thereafter, an Information for Homicide was filed by the inquest prosecutor without the conduct of a preliminary investigation. The next day Mr. A requested for the conduct of a preliminary investigation. Is the inquest prosecutor’s filing of the Information without the conduct of preliminary investigation proper?

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