STATE EX REL. HARRIS v. McCAULEY

No. 45441.

297 So.2d 825 (1974)

STATE ex rel. Richard HARRIS, Jr., Relator, v. Honorable James A. McCAULEY, Circuit Judge, 17th Judicial Circuit, Broward County, Florida, Respondent.

Supreme Court of Florida.

July 17, 1974.


Attorney(s) appearing for the Case

Warner S. Olds, Public Defender, and Charles H. Vaughan, Asst. Public Defender, for relator.

Robert L. Shevin, Atty. Gen., and Richard W. Prospect, Asst. Atty. Gen., for respondent.


ERVIN, Justice.

This is an original proceeding wherein Petitioner Richard Harris seeks a writ of prohibition to restrain the Respondent, Honorable James A. McCauley, Circuit Judge, in and for Broward County, Florida from entertaining state prosecution against Petitioner for the alleged crime of rape.

The salient question in this case passed on adversely to Petitioner below and posed by him here in these proceedings is:

May an acting state attorney...

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