for the consideration of the entry of another proper order herein, subject, possibly, to another application to this court, it is held that the supreme court, under its superintending control, will designate, as required by statute, the county, and will direct the district judges in the judicial district to which the transfer of the cause has been ordered to designate the trial judge to preside at the trial of such criminal action.
Opinion filed January 4, 1921.
Application in the nature of certiorari for the exercise of the superintending control of this court. Minute order entered directing the transfer of the criminal cause to Pierce county and for the designation of a trial judge by the district judges of that judicial subdivision.
McGee & Goss, for petitioner.
F. E. Packard and E. B. Cox, Assistant Attorneys General, for defendant.
PER CURIAM: This is an application to this court for the exercise of its constitutional superintending control over inferior courts through a proceeding in the nature of certiorari. The petitioner was arrested on October 30, 1920, at Minot, in Ward county, charged with statutory rape. Before a justice of the peace he waived examination, and thereupon it was ordered that he be held to answer at the next term of the district court in Ward county.
On November 8, 1920, in the district court of Ward county, an information was filed charging the petitioner with such crime. On November 9, 1920, the petitioner filed a demurrer to the information, which was overruled by the Honorable K. E. Leighton, judge of the district court. Thereupon the petitioner entered a plea of not guilty. This was followed by the filing of an affidavit of prejudice against the trial judge and also against the county and the fifth judicial district, pursuant to the provisions of § 10,766, Comp. Laws 1913. On the same date Judge Leighton ordered that further proceedings be held in the district court of Ramsey county, and directed the clerk to send the necessary records in this action to the clerk of the district court of Ramsey county.
Thereupon, the petitioner made application to this court for a writ of certiorari, requesting that this court exercise its superintending control over inferior courts and issue a writ directed to the district court of Ward county, addressed to the Honorable K. E. Leighton, as presiding judge thereof, to cause to be forwarded to this court the record for review, and
