Writ refused. It does not appear that the time granted on the continuance involves an abuse of discretion.
BARHAM, J., is of the opinion the writ should be granted. There is no discretion vested in the trial court in the matter of preliminary examination right before indictment or bill of information is filed—as here. See C.Cr.P. articles 292 and 293.
TATE, J., concurs in denial. The hearing on the motion for preliminary examination was continued to...
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