In re: Douglas C. Bennett applying for Writs of Certiorari, Prohibition and Mandamus and Stay Order.

Application denied; although the trial judge was in error in holding that evidence cannot be taken on a motion to quash, there is an adequate remedy in the event of conviction.

concurs in the denial. I am not prepared to rule that the trial judge was in error in refusing to permit evidence on the motion to quash in this case. Nor do I believe that there is an adequate remedy by appeal. However, I agree that the application should be denied for, assuming that applicant could prove what he alleged, the motion to quash should not be granted.