State Ex Rel. Hanagan v. Armijo

CARMODY, Justice.

This is an original proceeding- in prohibition. Relator claims that the respondent has no jurisdiction to allow a criminal defendant to perpetuate the testimony of the defendant’s witnesses, and also that the respondent has no jurisdiction to reopen a preliminary hearing.-

The facts of the case are briefly as follows : A preliminary hearing was commenced in a murder case before a district judge of the Fifth Judicial District sitting as a committing magistrate. The judge heard the state’s evidence and one of the witnesses called by the defendant. However, the judge refused to…