King v. Venters

PALMORE, Chief Justice.

Appellant brought this action in the Court of Appeals for an order of mandamus requiring the presiding judge of the Pike Circuit Court either to dismiss two indictments against the appellant or to grant him a “post-indictment preliminary hearing” for the purpose, presumably, of determining whether the indictments are founded upon probable cause. He appeals from an order of the Court of Appeals denying relief.

The purpose of a preliminary hearing, or “examining trial,” in this state — and its only purpose — is to determine whether there is sufficient evidence to justify…