People ex rel. Attorney General v. District Court
Supreme Court of Colorado
Original Application for Writ of Prohibition. This is an original application for a writ of prohibition, directed to the district court of Lake county, and to the Honorable Frank W. Owers, the judge thereof, to restrain further proceeding in a certain criminal cause- pending in said district court, and to require such court to enter an order dismissing the same upon a nolle prosequi heretofore filed by the district attorney.
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Original Application for Writ of Prohibition. This is an original application for a writ of prohibition, directed to the district court of Lake county, and to the Honorable Frank W. Owers, the judge thereof, to restrain further proceeding in a certain criminal cause- pending in said district court, and to require such court to enter an order dismissing the same upon a nolle prosequi heretofore filed by the district attorney. The cause referred to is a certain criminal proceeding upon an indictment returned by a grand jury, in which indictment James R. Amborn, George B. Handy and Ewan J. Dewar…
1Opinion of the CourtChief Justice Hayt
This cause is presented to the court upon motion to quash the return or answer, and issue the writ of prohibition. ' In support of this motion three reasons are advanced by counsel:
1. Failure of the district court to grant a continuance.
*4682. Refusal of the district judge to call in another judge to try the cause.
8. The refusal of the district court to enter a nolle prosequi, upon the application of the district attorney.
Since the argument the court has examined all the authorities cited by counsel, and such new cases as we have been able to find, and from such examination the conclusion has been…
2Cases cited3 opinions
- The People v. . BennettNew York Court of Appeals · 1872
- Commonwealth v. WheelerMassachusetts Supreme Judicial Court · 1806
- State v. . MoodySupreme Court of North Carolina · 1873
3Cited by15 opinions
- State v. AndersonTexas Supreme Court · 1930
- People ex rel. Hoyne v. NewcomerIllinois Supreme Court · 1918
- People v. DISTRICT COURT IN & FOR COUNTY OF LARIMERSupreme Court of Colorado · 1974
- Foley v. HamSupreme Court of Kansas · 1917
- Denham v. RobinsonWest Virginia Supreme Court · 1913
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