State Ex Rel. Fallis v. Caldwell

OPINION

SIMMS, Judge:

This is an original proceeding wherein petitioner seeks, either a writ of mandamus or writ of prohibition against the respondent Special District Judge of Tulsa County, or in the alternative, would have this Court pass upon his petition as though he had perfected an appeal upon a Reserved Question of Law.

Factually, the petitioner District Attorney, on April 5, 1972, filed two separate informations against two defendants conjointly, which charges arose out of a search of certain described premises located in Tulsa County, Oklahoma, the search being conducted under the color…