State Ex Rel. Maloney v. Proctor

The case is an appeal by the state from the judgment of the circuit court quashing its alternative writ of prohibition to prohibit the superior court from proceeding to trial of a defendant in a criminal case without first holding a preliminary examination to bind the defendant over to it for trial.

The appellant claims that the court was about to exceed its jurisdiction by proceeding to try the defendant, Marion Eleanor Aasen, in a criminal case pending in that court while acting with only the jurisdiction and bound by the practice of justice of the peace courts, and that therefore upon…