State v. Bitz

SPEAR, Justice.

On May 20, T962 the appellant was arrested and charged with first degree burglary in connection with the nighttime burglary of a Montgomery-Ward store in Lewiston, Idaho. Trial was set for October 28, 1963 before the Honorable John W. Cramer, but on October 25, 1963 the appellant filed an affidavit of prejudice pursuant to I.C. § 1-1801 seeking to disqualify Judge Cramer from proceeding further in the case. Judge Cramer, however, was of the opinion that the affidavit was not timely filed and consequently denied it. The trial, over which Judge Cramer presided, resulted in a…