State ex rel. Shattuck v. French

Citations

• 82 Wash. 330
• 144 P. 28

Syllabus

<p>Certiorari — Remedy by Appeal — Adequacy—Appeal by State in Criminal Case. Certiorari does not lie on behalf of the state to review an order discharging a prisoner upon the sheriff’s return to a writ of habeas corpus, on the ground that he had not been brought to trial within sixty days as required by statute, since there is an adequate remedy by appeal under Rem. & Bal. Code, § 1716, suhd. 7, providing that appeals shall be allowed to the state in criminal actions where the error complained of is . . . some other material error in law not affecting the acquittal of a prisoner on the merits; as the legislature, by giving the' right of appeal in such cases, is presumed to consider the remedy adequate notwithstanding the prisoner may escape.</p> <p>Certiorari- — Decisions Reviewable — Finality. Certiorari does not lie to review a threatened order of the superior-court, since there is nothing to review until an order has been entered.</p>