State Ex Rel. Fuente v. Himes

ADAMS, J.:

Petitioners seek a writ of prohibition against the respondent alleging disqualification to preside in a case wherein petitioners stand charged with a crime of operating a gambling house. Suggestion was made and denied by respondent as Judge of the Criminal Court of Record where the case was. pending.

The basis of disqualification relates to statements made by respondent in political campaigns in 1936 and 1940 and an incident which took place in open court on June 7, 1948.

As to the disqualification by reason of statements made in 1936 and 1940, we hold against petitioner. This ground…