noting that mandamus should not be a substitute for appeal and can only issue “in aid of appellate jurisdiction” if the petitioner has the right to appeal
How later courts described this case
- noting that mandamus should not be a substitute for appeal and can only issue “in aid of appellate jurisdiction” if the petitioner has the right to appeal
- “[O]nly the rarest of circumstances merit an intervention in a criminal case[.]”
- "The Court of Criminal Appeals has authority to issue such remedial and original writs as are necessary to give it a general superintendence and control of the circuit courts in criminal matters, over which it has exclusive appellate jurisdiction."
Written by the judges who cited it.
The opinion
I dissent. I cannot agree that a circuit judge in granting a new trial because he feels "that an injustice has probably been done" is "guilty of usurpation of power." I would, therefore, overrule the application for rehearing.
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