Keady v. Owers as Judge of Fifth Judicial District
Supreme Court of Colorado
Original Application for a Writ of Mandamus. In the district court of Lake County, upon a criminal charge of assault with intent to commit murder, Thomas Keady was tried, convicted, and sentenced to the penitentiary, where he is now confined. During the trial a certain juror of the regular panel was passed for cause and accepted both by the district attorney and counsel for defendant.
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Original Application for a Writ of Mandamus. In the district court of Lake County, upon a criminal charge of assault with intent to commit murder, Thomas Keady was tried, convicted, and sentenced to the penitentiary, where he is now confined. During the trial a certain juror of the regular panel was passed for cause and accepted both by the district attorney and counsel for defendant. Thereafter, and before the jury that tried the case was impaneled, the judge of the court called this juror to the witness stand, and for a period of thirty minutes or more, questioned him upon matters…
1Opinion of the CourtChief Justice Campbell
(after the foregoing statement) delivered the opinion of the court.
1. That this court has jurisdiction under the constitution to grant writs of mandamus is beyond cavil. No argument is required to establish so plain a proposition. The jurisdiction is derived from section 3 of article VI of the constitution, and is in no sense dependent upon statute. It is conceded that the stenographer is an officer of the court. While mandamus might go against the court to compel one of its subordinate officers to do an official act, which *6the law enjoins upon him, we think it clear that the writ may, in a…
2Cited by4 opinions
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- Rocky Mountain Ass'n of Credit Management v. District CourtSupreme Court of Colorado · 1977
- People v. Jefferson District CourtSupreme Court of Colorado · 1909
- Jones v. District Court Ex Rel. Second Judicial DistrictSupreme Court of Colorado · 1989