State ex rel. Woodbury v. Coller

This prohibition action is directed to two judges and a prosecuting attorney. The criminal cases which are the subject of the instant prohibition action are no longer assigned to appellee Judge Floyd A. Coller. Prohibition does not lie as to one who neither claims nor is about to exercise jurisdiction.

A writ of prohibition is sought to prevent appellee Daniel T. Spitler from proceeding with the prosecution of the appellants’ criminal cases. Prohibition will not lie as to a prosecutor who is duty bound to proceed to prosecute pursuant to indictment. The prosecuting attorney will be required to…