Opinion
No. 54724.
April 26, 1974.
IN RE: RICHARD D. SMITH, APPLYING FOR WRIT OF CERTIORARI. REVIEW AND/OR MANDAMUS.
Granted and preliminary hearing ordered. At the time the preliminary hearing was cancelled, no bill of information had been filed.
BARHAM, J., concurs that a preliminary examination must be granted. It is immaterial whether a bill of information had been filed when the previously ordered preliminary hearing was cancelled. Relator's hearing should have been held regardless of the attempted interruption by the district attorney's filing of a bill.
DIXON, J., agrees with Justice BARHAM's concurrence.