Ex Parte Hall

LAWSON, Justice.

This is an original petition for writ of mandamus to require the Honorable George Lewis Bailes, as judge of the circuit of Jefferson County, to vacate an order granting to the City of Birmingham, in accordance with its request, a jury trial in a case pending in that court by virtue of an appeal taken 'by petitioner from a conviction in the recorder’s court of the city of Birmingham on the charge of vagrancy.

Upon the filing of the petition, respondent filed what is termed an answer. The issuance of the rule nisi was waived by agreement.

We forego any consideration of the…