State ex rel. Harvey v. Baudoin

BARHAM, J., is of the opinion the writ should be granted. The trial court has denied defendant-relator a preliminary examination under his “discretion” which actually is a simple finding that a bill of information has been filed. If “discretion” is the standard for granting a preliminary examination, it is abused here. However, “discretion” may not be the standard. See Pugh v. Rainwater, 5 Cir. 1973, 483 F.2d 778 . TATE, J., is of the opinion the writ should be granted.