Oklahoma ex rel Brummett v Higgins

Oklahoma ex rel Brummett v Higgins
1946 OK CR 37
167 P.2d 924
82 Okl.Cr. 211
Decided: 04/03/1946
Oklahoma Court of Criminal Appeals

(Syllabus.)

Mandamus-Moot issue--Dismissal.

Original action by State of Oklahoma, on the relation of Burnice Brummett, against R. F. Higgins, District Judge, for a writ of mandamus directed to respondent to force the dismissal of an action pending in the district court before him. Petition dismissed.

Hulsey & Hulsey and George L. Hill, all of McAlester, for petitioner.

Randell S. Cobb, Atty. Gen., and Toni G. Haile, Co. Atty., of McAlester, for respondent.

JONES, P. J. This is an original action instituted by the petitioner, Burnice Brummett, wherein the petitioner sought a writ of mandamus directed to the district court of Pittsburg county, Oklahoma, to force the dismissal of an action pending in said district court, in cause number 4695.

Heretofore an original petition was filed by petitioner in this court in cause No. A-10613, wherein the petitioner sought to enforce the dismissal of cause No.

Page 212

4385 in said district court on the grounds that petitioner had not been afforded a speedy trial as contemplated by the Constitution and Statutes of the State of Oklahoma. That of date of April 11, 1945, an order of mandamus was issued by this court for the dismissal of said cause in the district court then pending against this petitioner. Brummitt v. Higgins, 80 Okla. Cr. 183, 157 P.2d 922.