Tokich

VALLÉE, J.

Defendant was charged with the unlawful possession of a preparation of heroin in violation of section 11500 of the Health and Safety Code. He waived a trial by jury and was tried by Judge Walter R. Evans. On stipulation the cause was submitted to Judge Evans on the transcript of the preliminary examination, each side reserving the right to introduce additional evidence. No additional evidence was introduced. On September 23, 1953, Judge Evans, sitting in Department 41 of the Superior Court of Los Angeles County, having read the transcript of the preliminary examination, found defendant guilty as charged. Defendant then filed an application for probation. The pronouncing of judgment and the hearing of the application for probation were regularly fixed for October 21, 1953, in the the same department.

On October 21, 1953, Judge Mildred L. Lillie was sitting in Department 41. When the cause was called defendant’s counsel made a motion for a new trial, addressed to Judge Lillie, and submitted it without argument. The following proceedings were then had: “The Court: . . . Having set this date for hearing on the probation officer’s report and for pronouncement of judgment…