TINDER, PROS. ATTY. v. Music Op. Inc.

Dissenting Opinion

Arterburn, J.

I dissent from the majority opinion because I do not think that the equity and civil side of a court should assume to take over and control the criminal side, nor the discretion of the executive and law enforcement branch of our government. This is an action brought against the prosecuting attorney, the sheriff, chief of police, and others constituting the law enforcement arm of the executive branch of our government. The main objective of the action, it will have to be admitted, is to enjoin officials of this branch of the government from exercising their…