State Ex Rel. Nelson v. Frye

The Opinion of the Court was delivered

The State seeks a writ of prohibition to prevent The Honorable Andrew Frye of Min eral County from dismissing a charge of negligent homicide brought by the State against the defendant, James Butler (hereinafter “Mr. Butler”). The State alleges that the trial court exceeded its legitimate powers by dismissing the charge prior to the presentation of evidence to a jury. Subsequent to thorough review of the briefs, arguments of counsel, and applicable precedent, this Court denies the requested writ of prohibition.

I. Factual and Procedural History

On March 31,…