Is there any case law in which a judge has been found to have failed to comply with section 170 of the Code of Civil Procedure?

California, United States of America


The following excerpt is from People v. Lyon, 135 Cal.App.2d 558, 288 P.2d 57 (Cal. App. 1955):

The question is then raised in respect to the failure of the court to comply with section 170 of the Code of Civil Procedure in respect to his own claimed disqualifications. This claim of general disqualification is predicated upon the facts related in People v. Bennett, supra, 132 Cal.App.2d at page 569, 282 P.2d 590, in reference to change of venue and some additional showing which included certain remarks of the trial judge in denying a motion for new trial in the former case of People v. Bennett, supra, at which time the judge said he had read over the testimony of the witnesses who had testified in that case; that he believed them and the jury must have

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