State ex rel. Clifton v. District Court of Pottawatomie County

BRETT, Judge.

This is an original proceeding for a writ of mandamus by the Petitioner as District Attorney for Pottawatomie County to direct the Respondent District Court for Pottawatomie County to order Jerry Ray Smith to stand trial on a charge of robbery with firearms or that said cause be set for preliminary examination.

It appears that Jerry Ray Smith was charged in the District Court of Pottawatomie County, Case No. CRF-70-190, with robbery by firearms. Said cause came on for preliminary examination on April 6, 1971, where, after hearing the evidence against Smith, the examining…