California, United States of America
The following excerpt is from People, by and through Dept. of Public Works v. McCullough, 100 Cal.App.2d 101, 223 P.2d 37 (Cal. App. 1950):
If we assume as true all the facts recited in the statement of defendant pertaining to the claimed disqualification of the trial judge in the instant action, the facts related, viewed in any proper light, fall far short of establishing that the trial judge was prejudiced against this defendant or that there was any probability that a fair and impartial hearing could not be had before that judge on a motion for new trial under section 170, subdivision 5 of the Code of Civil Procedure. People v. Berman, supra. The conclusion of the defendant in the statement that the presentation of the affidavits of the jurors to the trial court 'would cause bias or prejudice against the verdict' is not sufficient to show that the trial judge was then so biased or prejudiced against
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