Kolowich v. Ferguson

Plaintiff asserts that defendant circuit judge is disqualified to preside at his pending retrial on a criminal charge and seeks our writ of mandamus directing that the trial be' had before some other judge. The alleged disqualification is based upon remarks by the judge in passing sentence upon plaintiff herein under his former conviction. That conviction was reversed and a new trial ordered. People v. Kolowich, 262 Mich. 137. In passing sentence the judge took occasion to reply to petitions presented in behalf of Mr. Kolowich in-, voking judicial clemency on the ground that his acts were…