Ebey

Defendant appeals from a judgment of the superior court of the county of Riverside, after a conviction upon a charge of burglary alleged to have been committed in that county.

He was arraigned before the superior judge for Riverside county, Hon. F. E. Densmore, and upon his refusal to plead to the information, the clerk was ordered to enter a plea of “not guilty” for him. The judge of said court then ordered said cause to be set for trial, and a jury to be drawn to try the issues raised therein, and said judge presided during said drawing. All of these acts and rulings of the court in relation thereto were objected to by defendant on the ground that said judge was related to the. attorney for the defendant by consanguinity within the third degree, and therefore disqualified to act in said cause. This was made to appear by affi davit of the attorney for defendant that he and the judge were half-brothers born of the same mother.

On the day set for the trial of said cause, Hon. Z. B. West, the superior judge for Orange county, attended upon the court in Riverside county at the request of Judge Densmore, and against the objection of defendant presided at the trial of said cause…