Section 15-11-9
When defendant to be discharged.
If upon the whole evidence in a preliminary examination it appears to the court that no offense has been committed or that there is no probable cause for charging the defendant therewith, the defendant must be discharged.
(Code 1852, §461; Code 1867, §4010; Code 1876, §4680; Code 1886, §4287; Code 1896, §5236; Code 1907, §7604; Code 1923, §5237; Code 1940, T. 15, §139.)