Garcia v. Dial

OPINION

CLINTON, Judge.

This is an original action brought by David Martinez Garcia seeking a writ of mandamus directing the Honorable Preston

H. Dial, Jr., Judge of the 175th Judicial District Court of Bexar County, to set aside an order reinstating Cause Number 78-CR-1183 on the court’s docket; petitioner further seeks the issuance of a writ of prohibition preventing Judge Dial from proceeding to trial of petitioner in Cause Number 78-CR-1183..

The record reflects that petitioner was arrested for the offense of murder on February 28,1978 and on that day posted bond. On June 7,1978 an indictment…