Smith, Commonwealth's Atty. v. Ward, Judge

Opinion op the Court by

Chiep Justice Rees

Granting writ of prohibition.

This action is an original proceeding in this court wherein the plaintiffs seek a writ of prohibition to prevent Hon. S. M. Ward, judge of the Thirty-Third judi•cial district of Kentucky, from presiding at the trial of a certain case pending in the Perry circuit court in which the commonwealth of Kentucky is plaintiff.

At the June, 1934, term of the Perry circuit court, Milford Witt and twenty-six other persons were indicted for the crime of confederating and banding themselves together for the purpose of intimidating,…