[Download] "John Henry Schwader Also Known v. District Court" by Colorado Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: John Henry Schwader Also Known v. District Court
- Author : Colorado Court of Appeals
- Release Date : January 14, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
This is an original proceeding under C.A.R. 21 by which the petitioner, John Henry Schwader, seeks a writ in the nature of prohibition to restrain the respondent District Court from holding a preliminary hearing on the charge of murder first filed in the county court against petitioner until a sanity hearing is held, pursuant to C.R.S. 1963, 39-8-6, which prescribes the procedure to be followed when an accused person becomes insane after the crime. C.A.R. 21 states, in part, that "relief in the nature of prohibition may be sought in the Supreme Court where the district court is proceeding without or in excess of its jurisdiction. . . ." We agree with petitioner that for the district court to proceed with a preliminary hearing under the facts here would be in excess of its jurisdiction and therefore the writ of prohibition is granted thereby rendering absolute the rule previously issued on the respondent.