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STATE EX REL. FALLIS v. CALDWELL

No. A-17454.

498 P.2d 426 (1972)

STATE of Oklahoma ex rel. S.M. FALLIS, Jr., District Attorney, Tulsa, Oklahoma, Petitioner, v. Robert E. CALDWELL, Special Judge of the District Court of Tulsa County, Oklahoma, Respondent.

Court of Criminal Appeals of Oklahoma.

As Corrected June 2, 1972.

As Corrected July 25, 1972.

Attorney(s) appearing for the Case

S.M. Fallis, Jr., Dist. Atty., Roy W. "Bud" Byars, Asst. Dist. Atty., for petitioner.

Paul Garrison, C.B. Savage, Tulsa, for respondent.

OPINION

SIMMS, Judge:

This is an original proceeding wherein petitioner seeks, either a writ of mandamus or writ of prohibition against the respondent Special District Judge of Tulsa County, or in the alternative, would have this Court pass upon his petition as though he had perfected an appeal upon a Reserved Question of Law.

Factually, the petitioner District Attorney, on April 5, 1972, filed two separate...

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