OPINION
BUSSEY, Presiding Judge:
Sammy Ray Bennett has filed an application to assume original jurisdiction and a petition for writ of mandamus and/or prohibition in which he seeks an order of this Court either directing the Honorable Joe D. Shumate to dismiss with prejudice the charge of Murder in the First Degree pending against him in the District Court, McClain County, Case No. CRF-77-63, or in the alternative...
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