Rice

I

We deal first with certain procedural issues.

This is an original proceeding, seeking, in the alternative, either a writ of mandate or a writ of prohibition to secure the dismissal of a criminal charge pending against petitioner in respondent court. The petition sets forth petitioner’s version of the events involved in his arrest and it is supported by 21 exhibits and by a reporter’s transcript of a hearing in respondent court. Counsel for the real party in interest has asked us to “strike” all except six of the exhibits and the portions of the brief referring to them, on the ground that they contain matters not before respondent court. The motion is frivolous. An original proceeding in this court, of necessity, alleges facts which the pleader contends will justify the action requested of us. In the majority of cases, 'those facts are outside any trial court record. The opportunity of a respondent or of a real party in interest to contest any of the allegations of the petition is by way of the “Return” which an alternative writ directs them to file. We note that the so-called “return” filed in this case by counsel for the real party in interest neither directly admits…