Opinion
No. 36,015.
January 10, 1953.
Upon application to this court upon the relation of Eugene Hudalla, defendant, for a writ of prohibition to restrain the district court for Scott county, Harold E. Flynn, Judge, from proceeding with the arraignment or trial of defendant, by Per Curiam opinion of this court of December 24, 1952, the writ was made absolute. Upon petition for rehearing, writ vacated.
Tracy Sinclair, for relator.
M. J. Daly, County Attorney, for respondent.
UPON PETITION FOR REHEARING.
It appearing that the district court judge here involved failed by inadvertence to interpose an answer to the writ and that he recognized and has complied with M.S.A. 542.16, the opinion filed December 24, 1952, is withdrawn and the writ vacated.