Harper v. District Court of Oklahoma County

BRETT, Judge.

This is an original proceeding wherein petitioners are seeking an alternative writ to prohibit the interruption of their preliminary examination; and the reassignment of that examination to another magistrate. This raises the question: “Can a District Judge interfere in a preliminary examination, already commenced; and by an ex parte order, on the motion of the prose cutor, dismiss the information for refiling?” We conclude that the District Judge has no authority to do so.

On February 22, 1971, this Court assumed jurisdiction and set the petition down for hearing on March 21,…