Clark v. Sheriff

OPINION

On January 31, 1978, the preliminary examination of Clarence Clark was scheduled for May 2, 1978. Clark appeared at the appointed time and the examination commenced. After a short period of time, the magistrate, over Clark’s objection, continued the examination because the prosecuting attorney *365had not arranged to obtain a grant of immunity for the prosecuting witness and was, therefore, not prepared to proceed.

Clark then petitioned for a writ of habeas corpus and has appealed from the order denying the requested relief.

We have previously held that when a prosecuting attorney is not…