Morris v. Apodaca

CARMODY, Justice.

This is an appeal from the quashing of a writ of certiorari by the district court.

The question for our determination is whether certiorari is available to contest the action of a justice of the peace, as committing magistrate, in binding a defendant over for trial.

Appellant was charged, by complaint before the appellee as justice of the peace, with attempting to commit a felony, to-wit: abortion. A preliminary hearing was held, and thereafter the state filed an information in the district court. To this information, the defendant (appellant here) filed a plea in abatement…