pondent to dismiss, on the basic ground that the law does not permit an appeal from the determination of the trial court that there was a complete lack of evidence to warrant the presentment of an accusation against Mr. Hale during his current term of office; secondly, if the motion to dismiss should be denied, we must consider the appeal itself; and thirdly, if the motion to dismiss the appeal is approved, it will be incumbent upon us to consider whether the state's alternative request for a writ of mandate should be granted; in this latter connection, the People petitioned for a writ of mandate requiring the trial court to receive the plea of Mr. Hale as to the truth of the accusation and, in the event of a plea of not guilty, to try the case, on the theory that, if the trial court acted without authority in sustaining the objection to the accusation, such ruling was completely outside of the jurisdiction of the trial court, and a nullity (see People v. Superior Court post, p. 873 [ 42 Cal.Rptr. 542]). Upon the conclusion of the argument, this court ordered the submission of all three questions.