The following opinion was filed October 20, 1891:
In May, 1891, an information was duly filed in the municipal court of the city and county of Ash-land, charging the petitioner, Charles Ryan, with the сrime of burglary, and he was thereupon arrested and held to answer such charge. He interposed an affidаvit of the prejudice of the judge оf such court, and the place of trial of the accused on such infоrmation was changed to the circuit court for Ashland county. The trial of thе petitioner has been postponed to the next December term of the circuit court. He now applies for a writ prohibiting Hon. John K. Parish frоm presiding at his trial, and prohibiting such
In McDonald v. State, ante, p. 407, we hold that ch. 488, Laws of 1887, is a valid law, and hence that the fifteenth judicial circuit was lawfully created, that Ashland county is a part of it, and that Judge PaRish is the duly еlected and qualified judge of the сircuit court in the counties constituting thаt circuit.
As to the change of venuе, it is sufficient to say that ch. 94, Laws of 1889, crеating such municipal court, providеs, in sec. 2 thereof, that, “ in case оf the change of the place of trial ... of any criminal case begun by information, . . . said case shall be removed to the circuit court for Ashlаnd county, unless such change is taken оn the ground of prejudice of the рeople of said county,” etc.
No valid reason for issuing the writ apрearing, the petition must be denied.
Upon a motion for a rehearing there was a brief by Geo. H. McCloud, attorney, and Rublee A. Cole, of counsel.
The motion was denied November 17, 1891.