Karz v. Overton

MANN, Judge.

The dictum of a distinguished jurist, Judge Reed, of the Fourth District Court of Appeal,1 prompted Karz to seek mandamus to compel the trial judge to grant a preliminary hearing. Florida Statutes, § 907.045 (1970), F.S.A.2 provides a mandatory preliminary hearing for those charged by indictment or information only after the defendant has been held in custody thirty days. Karz was charged by information and has been in custody less than thirty days. Hence mandamus does not lie. In Shailer, a trial judge had exercised his authority to grant a preliminary hearing for cause thought…