Texas Supreme Court

Lawrence C. Pope, Relator v. Clarence Ferguson, District Judge, Respondents

October 1, 196913 Tex. Sup. Ct. J. 10

Summary

The Texas Supreme Court denied Lawrence C. Pope's petition for a writ of mandamus directing the district judge to dismiss the pending armed robbery indictment, holding that the Court lacks jurisdiction to issue such a writ in a criminal case. The Court based its decision on the Texas Constitution, statutory limits, and the principles governing mandamus, emphasizing that mandamus cannot be used to direct a trial court's discretionary judgments when an adequate appellate remedy exists.