208 P.2d 82
No. 16,274.Supreme Court of Colorado.
Decided June 13, 1949.
On petition for writ of prohibition.
Alternative Writ Dismissed.
1. PRACTICE AND PROCEDURE — Prohibition — Dismissals. Where proceedings initiated for a writ of prohibition have become moot, the rule to show cause will be discharged and the petition dismissed.
Original Proceeding.
Mr. JOHN W. METZGER, Attorney General, Mr. JOSEPH E. NEWMAN, Deputy, Mr. FRANK A. WACHOB, Assistant, for the people.
Mr. EDWARD C. DAY, judge respondent, Mr. BART W. O’HARA, for respondents.En Banc.
MR. JUSTICE HOLLAND delivered the opinion of the court.
Page 195
On showing made by respondents’ return to the alternative writ issued herein, that the proceedings initiated by R. L. McMichael before respondent Court have become moot, for the reason that the said R. L. McMichael has abandoned the proceedings and has returned to the State Penitentiary, the rule to show cause is discharged and the petition is dismissed.