State Ex Rel. Smith v. Sawyer

McAllister, j.

This is an original proceeding in mandamus in which petitioner, district attorney for Jackson County, asks that respondent, circuit judge of the First Judicial District, be ordered to convene a twelve-member jury to try the ease of State v. Robert Warren Coiner in which the defendant was charged with a felony. We issued an alternative writ, and respondent has demurred on the ground that the writ fails to state a cause of action.

The writ alleges, in substance, that respondent, with the consent of the defendant, but over the objection of the prosecutor, ordered the defendant in…