Matushefske v. Herlihy

CAREY, Justice.

The Superior Court granted writs of prohibition against appellant herein, a Justice of the Peace, and the Court of Common Pleas of New Castle County, barring them from taking any further proceedings in certain criminal charges against the appellee, who was at the time Chief Deputy Attorney General, although he resigned that office prior to the decision below. A stipulation of facts was filed on the basis of which the Court held that “nothing done by the appellee could be construed to amount to the commission of a crime.” In addition to the usual command of the writ, Mr.…