State ex rel. Romano v. Yakey

Citations

• 43 Wash. 15
• 9 Am. Ann. Cas. 1071
• 85 P. 990
• 1906 Wash. LEXIS 643

Syllabus

<p>Mandamus — To Compel Magistrate’s Action on Criminal Complaint — Parties—Interest. , Under Bal. Code, § 6695, permitting any person to make complaint to a committing magistrate, a private citizen making such a complaint has sufficient interest to prosecute an action of mandamus to compel the magistrate to act.</p> <p>Criminal Law — Preliminary Complaint — Duty of Magistrate to Act — Previous Action by Prosecuting Attorney. A justice of the peace, sitting as a committing magistrate is, under Bal. Code, §6695, charged with the duty to act upon complaints and determine whether a crime has been committed, and if so, to issue a warrant, and he has no power to dismiss a complaint on the ground that it is the business of tbe prosecuting attorney to investigate the matter and determine whether an information shall be filed.</p> <p>Courts — Judges—Powers. The constitution and laws of this state recognize the distinction between thé superior courts and the judges thereof.</p> <p>Same — Mandamus to Visiting Judge. One who applies to a visiting judge, as such, and not to the superior court, for a warrant of arrest, cannot, after such visiting judge has wrongfully refused to act upon the application, and left said county, obtain a writ of mandate against him, as visiting judge of such county, compelling him to leave his duties in his own county and return for the purpose of hearing the application.</p> <p>Mandamus. — Return—Facts Not Stated. Upon an application for a writ of mandamus, the supreme court cannot consider facts stated in respondent’s brief that do not appear in the return to the writ.</p> <p>Mandamus — When Lies — Refusal of Magistrate to Act. While the discretion or judgment of a committing magistrate upon a criminal complaint cannot be controlled, mandamus lies to compel him to act where he dismisses the proceeding without hearing or determining the same.</p>