The following excerpt is from United States v. Weinstein, 452 F.2d 704 (2nd Cir. 1971):
We therefore conclude on the basis of the foregoing review, as well as on the authority of United States v. Dooling, supra, that we have discretionary jurisdiction to issue the writ if the order dismissing the indictment was beyond the judge's power and inconsistent with "accepted principles and usages of law."
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