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ELLIOTT v. MILLS

No. A-12716.

335 P.2d 1104 (1959)

Elmo ELLIOTT, Petitioner, v. Clarence M. MILLS, Judge of the District Court of Oklahoma County, Seventh Judicial District, and the following duly elected, qualified, and acting District Judges of Oklahoma County, Seventh Judicial District, State of Oklahoma, to-wit: Glen O. Morris, A.P. Van Meter, William L. Fogg, Fred Daugherty, and W.R. Wallace, Jr., Respondents.

Criminal Court of Appeals of Oklahoma.

February 25, 1959.

Attorney(s) appearing for the Case

John M. McPherron, of Foliart, Hunt & Shepherd, Marion P. Opala, of Miskovsky & Miskovsky, Oklahoma City, for petitioner.

James W. Bill Berry, County Atty., Ryland F. Keys, William R. Saied, Asst. County Attys., Oklahoma City, for respondents.

NIX, Judge.

Petitioner, Elmo Elliott, was charged by information in the District Court of Oklahoma County with the crime of manslaughter first degree, and in this proceeding asks this court to issue a writ, prohibiting the District Court of Oklahoma County from prosecuting such action.

The information under which the petitioner stands charged reads as follows:

"The State of Oklahoma, Plaintiff, v. Elmo Elliott...

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