(concurring specially).
I agree with the majority of the court that the issue of con*173stitutionality of a statute cannot be raised by demurrer in a preliminary hearing before a magistrate. Neither SDCL 23-35-15, 23-36-8, 23-36-9 nor 23-36-11 et seq. has any application to preliminary examinations. State ex rel. Stevenson v. Jameson, 1960, 78 S.D. 431, 104 N.W.2d 45. A magistrate has not been given authority as a judge of a court of limited jurisdiction to issue original or remedial writs as have judges, S.D.Const. Art. V, § 5, and I would in no way equate magistrates’ jurisdiction with that of judges or justices.