State Ex Rel. Automotive Emporium, Inc. v. Murchison

*267TANZER, J.

This is an original mandamus proceeding. Relators are indicted criminal defendants who petition this court to mandate the circuit judge and district attorney to conduct a preliminary hearing or dismiss the charges. Relators claim entitlement to a preliminary hearing, notwithstanding their indictment. The defendants on the writ assert, among other things, that mandamus is not a proper remedy because the relators may appeal if convicted.

The power of this court to issue writs of mandamus is granted by the constitution, Or Const, Art VII (Am), § 2,1 and defined by statute, ORS 34.110,…