Note 10 — Chapter V

Note 10. Page 245.

A writ of certiorari issues from the Court of Queen's Bench in criminal cases, for the purpose of removing them into it from inferior courts; and when the writ is granted, as it may be at the instance of either the prosecutor or defendant, it entirely supersedes the jurisdiction of the inferior court, and renders all subsequent proceedings in it entirely erroneous and illegal—unless the Court of Queen's Bench should think fit to remand the record to the inferior court. A prosecutor may obtain a certiorari as a matter of right; but a defendant only at the discretion of the court.