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PEOPLE v. SMITH

Docket No. 7664.

196 Cal.App.2d 854 (1961)

17 Cal. Rptr. 330

THE PEOPLE, Respondent, v. HAROLD GEORGE SMITH, Appellant.

Court of Appeals of California, Second District, Division Four.

November 14, 1961.

Attorney(s) appearing for the Case

Ellery E. Cuff, Public Defender, Richard S. Buckley and James L. McCormick, Deputy Public Defenders, for Appellant.

Stanley Mosk, Attorney General, and Jack E. Goertzen, Deputy Attorney General, for Respondent.

BURKE, P.J.

May a defendant file an affidavit under section 170.6 of the Code of Civil Procedure to disqualify a judge from hearing a purported violation of probation where the judge has had no previous connection with the case? This is the basic issue presented in this appeal.

On August 27, 1959, defendant was convicted of a violation of section 480 of the Vehicle Code, a felony. Judge Bayard Rhone, who tried...

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