People v. Superior Court

The object of this proceeding is to accomplish by wit of mandate the following result: To require the Superior Court to reinstate a criminal cause that it has heretofore dismissed upon the ground that the indictment therein did not charge a public offense and to that end to cause the defendant therein to be re-apprehended, the jury to be resummoned and reassembled and to thereafter require the cause proceeded with to verdict and judgment. It must be seen at once that these requests are unusual and test severely the strength of the writ of mandate.

The facts out of which this controversy arose…