State Ex Rel. Holmes v. Salinas

OPINION

W.C. DAVIS, Judge.

This is an original application for writ of mandamus by which the District Attorney of Harris County, as relator, seeks to have an order entered by respondent trial judge set aside. TEX.CONST. art. V, Sec. 5; Art. 4.04, V.A.C.C.P.

Relator alleges respondent exceeded his authority as a magistrate by- entering orders relating to two pending prosecutions directing the district attorney not to present either case to a grand jury prior to completion of an examining trial ordered by respondent in each pending case. Relator contends and respondent concedes the State has no…