Patterson v. Conlan

Citations

• 123 Cal. 453
• 56 P. 105
• 1899 Cal. LEXIS 1096

Syllabus

<p>Criminal Law—Preliminary Examination—Disqualification of Police Judge—Expression of Opinion—Absence of Showing—Prohibition.—A police judge is not disqualified to act upon a preliminary examination of a defendant charged with a felony, merely because he has formed and expressed a fixed opinion as to the merits of the case, and in the absence of any showing of disqualification under the terms of section 170 of the Code of Civil Procedure, as amended in 1897, a writ of prohibition will not lie to restrain him from acting upon such examination.</p> <p>Id.—Dismissal of Information not a Bar to Further Prosecution— Jurisdiction of Police Judge,—The dismissal of one or more previous informations against the defendant constitutes no bar to a further prosecution against him for the same charge; and a police judge has jurisdiction of a subsequent preliminary examination of the defendant as the basis of a subsequent information upon the same charge.</p> <p>Id.—Office of Writ of Prohibition—Question of Jurisdiction.—The office of the writ of prohibition is to restrain a judicial officer or other person from doing that which he has no jurisdiction to do; and it will not' lie to restrain the exercise of judicial power to hear and determine a matter within the jurisdiction of a judge.</p>