Schwader v. DISTRICT CT. IN AND FOR TENTH JUD. DIST.

This is an original proceeding under C.A.R. 21 by which the petitioner, John Henry Schwader, seeks a writ in the nature of prohibition to restrain the respondent District Court from holding a preliminary hearing on the charge of murder first filed in the county court against petitioner until a sanity hearing is held, pursuant to C.R.S. 1963, 39-8-6, which prescribes the procedure to be followed when an accused person becomes insane after the crime. C.A.R. 21 states, in part, that “relief in the nature of prohibition may be sought in the Supreme Court where the district court is proceeding…