Ex Parte State Ex Rel. Lawson

GARDNER, justice.

By this proceeding the State seeks to review the action of the trial judge in the case of The State versus J. M. Gauntt, charged with the offense of embezzlement, in denying its motion to strike from the files of said case the'; original and amended pleas in abatement interposed by the defendant therein.

Notwithstanding the restricted right of the State iri criminal cases to prosecute an appeal (sections 3238, 3239, Code of 1928), occasions have arisen in which the action of the trial judge as to certain rulings in criminal cases have been reviewed by mandamus proceedings. Ex…