Miller v. Winstead

THOMAS, Justice.

This is an original proceeding in this court for a writ of prohibition to restrain defendant from setting the case of State of Idaho v. Robert T. Miller for trial without a jury, and also for a writ of mandate to compel defendant, as District Judge of the District Court of the Third Judicial District of Idaho, Ada County, to grant the plaintiff, Robert T. Miller, a trial by jury.

The plaintiff was charged with and convicted on December 28, 1953, in the municipal court of Boise City, of driving a vehicle upon the streets of Boise City, Ada County, Idaho, in violation of Section…