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HARPER v. DISTRICT COURT OF OKLAHOMA COUNTY

No. A-16476.

484 P.2d 891 (1971)

George Edward HARPER, Mary Joe Sill Harper, and John Paul Potter, Petitioners, v. The DISTRICT COURT OF OKLAHOMA COUNTY, State of Oklahoma and the Honorable Clarence Mills, Presiding Judge, Respondents.

Court of Criminal Appeals of Oklahoma.

April 21, 1971.

Attorney(s) appearing for the Case

Robert A. Jackson and Murray Cohen, Oklahoma City, for petitioners.

Curtis P. Harris, Dist. Atty., W. Howard O'Bryan, Dick Blakely, Asst. Dist. Atty., for respondent.

BRETT, Judge.

This is an original proceeding wherein petitioners are seeking an alternative writ to prohibit the interruption of their preliminary examination; and the reassignment of that examination to another magistrate. This raises the question: "Can a District Judge interfere in a preliminary examination, already commenced; and by an ex parte order, on the motion of the prosecutor, dismiss the information for refiling...

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