Patterson

This is an appeal from an order sustaining a demurrer to a petition for a writ of prohibition.

Appellant sets out in his petition that after three successive criminal proceedings had been instituted in the police court of the city and county of San Francisco, in each of which appellant was charged with the crime of assault with a deadly weapon upon one Barney Ward, and after one of these proceedings had been dismissed by the judge of the police court and the two others had each successively culminated in an order of the superior court granting appellant’s motion to dismiss the information in the same, and after the grand jury had investigated and ignored a charge against appellant of this same offense, a fourth complaint has been filed against him on this same charge in the said police court, and that unless restrained from so doing Judge Conlan will proceed with a preliminary examination of such complaint. The petition also states that the respondent declared in open court that his mind was so fully *455 made up in relation to the charge set forth in the complaint that he felt disqualified to act upon said charge.

It is contended by appellant that respondent is disqualified for…