Opinion
42264 Record No. 7296.
December 3, 1969
Present, All the Justices.
Prohibition — No Proceeding Pending.
Since no proceeding is pending against petitioner, writ to prohibit trial cannot properly be issued.
Petition for Writ of Prohibition.
Writ denied.
James D. Davis (McCaul, Grigsby and Pearsall, on brief), for petitioner.
W. Luke Witt, Assistant Attorney General (Robert Y. Button, Attorney General; Reno S. Harp, III, Assistant Attorney General, on brief), for respondent.
The object of this proceeding is to prohibit the Circuit Court of Arlington County from trying the petitioner for a criminal offense. Aside from the fact that the Commonwealth rather than the judges of that court has been made the defendant, we cannot properly issue a writ of prohibition because no criminal proceeding is pending against the petitioner in the Circuit Court of Arlington County. Therefore, we do not reach the merits.
Writ denied.