People ex rel. Hamilton v. Barnes

Citations

• 66 Cal. 594
• 6 P. 698

Syllabus

<p>Mandamus—Criminal Law—Preliminary Examination —Justice of the Peace.—A writ of mandate lies to compel a justice of the peace to proceed with the preliminary examination of a person, regularly charged with having committed a public offense, arrested and brought before him. The duty of the preliminary examination is especially enjoined on the justice by sections 858-860 of the Penal Code, and his refusal to proceed with the examination is not justified by the mere statement of the counsel for the defendant that an examination for the same offense had been had before another magistrate, on which the defendant had been held to answer.</p>