Hakki v. Faux

McDonough, justice.

Plaintiff, charged by complaint with a misdemeanor, resisted trial before a judge of the Third Judicial District, filing a motion for change of place of trial on the *133basis of a belief of bias or prejudice. The motion was denied and the matter set for trial. She now seeks an extraordinary writ prohibiting that judge, Honorable Merrill C. Faux, from proceeding with the trial.

The case was begun by the prosecution in the District Court by a complaint1 alleging a violation of U.C.A.1953, 76-39-5, despite the command of U.C.A.1953, 77-16-1:

“All public offenses triable in the…