is of the opinion the writ should be granted. State v. Jackson, La., 282 So.2d 526, our docket 9/20/73 is applicable because first request for preliminary hearing was withdrawn simply because bill of information was filed. Moreover, defendant here who has been in j ail 8 months has applied anew for a preliminary hearing and is entitled to one as a constitutional right. See Pugh v. Rainwater, 483 F.2d 778 (5th Cir. 1973).

would grant the writ if this application is considered an application to review the original order granting a preliminary hearing.

In re: Henry C. Marshall applying for writs of certiorari, mandamus and prohibition.

Writ denied. No abuse of discretion.