Salvador v. Doi

Paul Salvador, petitioner herein, was indicted by the grand jury for committing burglary in the first degree. To this indictment, he interposed a motion to dismiss on the ground that it did not state an offense, which motion was denied by the circuit judge presiding in the cause. Thereupon, he filed the instant petition for writ of prohibition in this court.

Under R.L.H. 1955, § 236-10, prohibition is an extraordinary writ which issues from “the supreme court, or from any justice thereof, or a circuit judge, directed to the judge and the party suing in any inferior court, forbidding them to…