People v. Spinks

McMURRAY, J. pro tem. *

This is an appeal after a judgment of conviction of violation of Penal Code, section 337a, by the court and its denial of the motion for new trial after appellant had waived trial by jury and submitted the matter on the transcript of the preliminary hearing, with each side reserving the right to introduce additional evidence.

The thrust of the appeal is that the trial judge prejudged the case. Appellant contends that such prejudging is shown by the following facts. After argument as to the admissibility of certain evidence, and a motion to suppress such evidence, the…