Page:North Dakota Reports (vol. 48).pdf/25



JOHN C. LOWE, Plaintiff, vs. DISTRICT COURT of Ward County, and Fifth Judicial District, Honorable K. E. Leighton, Judge thereof, and T. N. Henderson, Clerk, Defendants.

Criminal law—circumstances held to require supreme court to designate presiding judge and county for trial.

1. In a proceeding for the exercise of the superintending control of the supreme court, where it appears that the defendant in a criminal action filed a double affidavit of prejudice against both the trial judge and the county and judicial subdivision, and thereupon, the trial judge so disqualified, made an order transferring the criminal cause from Ward county to Ramsey county, without designating the judge who should preside at the trial in the transferred county, as the statute requires, and where, further, it appears upon the showing made at the hearing before the supreme court that a fair and impartial trial in Ramsey county, for either the state or the defendant, is doubtful, and where, further, under the peculiar circumstances surrounding the case involved, as stated in the opinion, it is appropriate that the superintending control of this court be exercised in the interests of justice, to the end that a speedy and early trial be had without remanding the case again to the judge so disqualified