160 P. 346 | Mont. | 1916
delivered the opinion of the court.
On the twenty-third day of September, 1916, there was pending and set down to be tried on October 12, 1916, in the district court of Phillips county, the case of the State of Montana v. Walter A. James. James stands charged with the crime of murder, and the relator herein, as county attorney of Phillips county, applied to the court for an order authorizing the clerk to issue subpoenas for the attendance of certain witnesses in excess of six, deemed by the county attorney to be necessary for the proper prosecution of the cause. The respondent judge allowed the application in part and denied it in part; where
It is needless to inquire into the reasons for the refusal,
Mandamus does not lie where other adequate remedy exists, and since the respondent’s refusal may be corrected by appropriate action on the part of the relator himself, the writ here sought must be denied and the proceedings dismissed. It is so ordered.