(Syllabus.)
Mandamus Moot Issue-Petition Dismissed. Where the issue involved in a petition for mandamus becomes moot, the petition will be dismissed.
Original action in mandamus by the State of Oklahoma, on the relation of Tom McDaniel, against Leslie J. Coffman, Acting County Judge of Nowata County, Okla., to compel dismissal of an action pending against relator in the county court in and for Nowata County. Action dismissed.
Hulsey & Hulsey, of McAlester, for petitioner.
Randell S. Cobb, Atty. Gen., and James M. Springer, Co. Atty., of Nowata, for respondent.
PER CURIAM. This is an action instituted by the petitioner, Tom McDaniel, in which he sought a writ of mandamus to force the dismissal of a certain action pending against him in case number 3748, in the county court in and for Nowata county, State of Oklahoma.
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After the institution of the instant action, the Criminal Court of Appeals has received a certified copy of an order made by the county judge of Nowata county, on October 20, 1945, dismissing case number 3748 aforesaid, in the county court of Nowata county, against the said Tom McDaniel, and because of said dismissal, it is apparent that the question involved in the instant case is moot.
It is therefore ordered that the above entitled and numbered cause be and the same is hereby dismissed for the reasons aforesaid.
DOYLE, J., not participating.