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GRIMM v. GARNER

No. B-8384.

589 S.W.2d 955 (1979)

Honorable Joe Edd GRIMM, Justice of the Peace, Petitioner, v. Edward Ray GARNER, Respondent.

Supreme Court of Texas.

Rehearing Denied December 19, 1979.

Attorney(s) appearing for the Case

Felipe Reyna, Crim. Dist. Atty., Frank M. Fitzpatrick, Jr. and Randall L. Rogers, Asst. Crim. Dist. Attys., Waco, for petitioner.

Clark & Vannatta, Richard E. Miller and Bill Vannatta, Waco, for respondent.

SPEARS, Justice.

Petitioner, Joe Edd Grimm, a Justice of the Peace, appeals from the issuance of a writ of mandamus by the District Court of McLennan County commanding him to grant a motion to set aside a criminal complaint pending in his justice court against Respondent, Edward Ray Garner. The power of the district court to issue the writ was upheld by the court of civil appeals. 577 S.W.2d 573. The question before us is whether...

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