Reilly

This is an application for a writ of prohibition to prevent the respondent court from proceeding with the trial of the petitioner upon a charge of criminal libel now pending before it, upon the ground that the complaint therein does not state facts sufficient to charge a criminal offense and upon the further ground that the respondent court has no jurisdiction of the subject matter thereof in that the Whitney Act (Stats. 1885, p. 213) and the act of 1901 (Stats. 1901, p. 576) are unconstitutional and void. The facts of this ease are stated by petitioner as follows:

Upon the facts thus stated we must conclude that the questions which petitioner is here asking us to consider and determine are res adjudicata as against him. He shows that he has heretofore applied to the district court of appeal for a writ of prohibition for the purpose of preventing these respondents from proceeding with the trial of the same prosecution based upon the same complaint which is involved herein. That application of necessity involved the same legal and constitutional questions which would be involved herein. The refusal of that court to grant the writ prayed for was an adjudication that upon such a…