270 P. 663 | Colo. | 1928
IN a criminal case pending in the district court of the second judicial district, presided over by the Honorable George F. Dunklee, the defendants, Bennett, Stearns, Bradford, Kryder, Killin, Crozier and Griffith made an *368 application under sections 6598 and 6599, C. L., for the calling in of another judge to try the case, claiming that Judge Dunklee was prejudiced against the defendants. The application was denied, whereupon the defendants in that case brought this proceeding seeking to have this court order Judge Dunklee to call in another judge to try the criminal case, and to prohibit Judge Dunklee from further proceeding in the case. On July 25 we denied the application and announced that an opinion would be filed later.
The petitioners rely upon People, ex rel. Burke v.District Court,
The writ is not a writ of right; whether or not it shall issue is within the discretion of the court. People, ex rel.Denver v. District Court,
Whether the showing made was sufficient in law to entitle the defendants to have another judge try the case, is a question that is argued with marked ability by counsel on both sides. A careful examination of the record and the briefs leads us to the conclusion that, in the exercise of a sound legal discretion, we should not in this proceeding review the ruling of the trial court. If the defendants should be convicted, a writ of error would present that ruling for our consideration.
While this opinion is being written the criminal case is being tried. In order not to prejudice the rights of either the people or the defendants, we refrain from discussing in detail the matters presented by the record.
The petition is dismissed.
MR. JUSTICE ADAMS dissents. MR. JUSTICE WHITFORD did not participate.