Strong v. Grant

Citations

• 99 Cal. 100
• 33 P. 733
• 1893 Cal. LEXIS 620

Syllabus

<p>Cbihinal Law—Delay of Aebaignment fob Mobe than Sixty Days—Dismissal—Mandamos— Judicial Question.—The ruling of the superior court in denying a motion of the defendant to dismiss a criminal prosecution, where the trial was not postponed upon his application, and lie was not brought to trial within sixty days after the filing of an information against him, is the exercise of judicial discretion upon a judicial question, and whether right or wrong, cannot he reviewed upon an application for a mandamus to compel a dismissal of the criminal action.</p> <p>In. — Office of Mandamus—Coeeection of Ebbobs—Disobetion.—It is a universal rule that the writ of mandate cannot be used to correct the errors of a court in passing upon questions regularly submitted to it in the course of a j udicial proceeding, or to control the exercise of its discretion.</p>