Taylor v. Gately

OPINION

VANCE, Justice.

Frenando Taylor, an inmate, appeals from a judgment dismissing his petition for a writ of mandamus in the court below. See Hogan v. Turland, 428 S.W.2d 316, 317 (Tex.1968). He complains that the court abused its discretion in refusing to compel the District Attorney to initiate a prosecution by accepting a complaint charging assault and battery and a violation of his civil rights. He asserts that articles 2.04, 2.05, 2.12, and 2.13 of the Code of Criminal Procedure impose a “ministerial duty” upon the District Attorney to accept and file his complaint. See Tex.Code…