Huntington

This is an application for a writ of prohibition to the superior court of the city and county of San Francisco and Hon. William P. Lawlor, judge thereof, for the purpose of prohibiting the said superior court from proceeding with the trial of petitioner for the crime of murder. The facts as stated in the petition, and which must be taken as true for the purposes of this case, are substantially as follows:

In December, 1900, an information was filed in said superior court charging petitioner with the crime of murder, in having feloniously killed tine Jennie McKown with malice aforethought on the twenty-seventh day of October, 1900. The defendant was tried before a jury in said superior court, and the trial resulted in a verdict finding petitioner guilty of manslaughter, upon which judgment was accordingly entered, and the defendant was sentenced to imprisonment in the state prison at San Quentin for the term of ten years. Thereafter the case was appealed to the supreme court, and on the third day of January, 1903, that court rendered its decision reversing the case, and remanding it to the superior court for a new trial. {People v. Huntington, 138 Cal. 261 , [ 70 Pac. 284 ].) In…