Westmoreland v. State

YOUNG, Judge.

Appellants Westmoreland and McGraw appeal their convictions 1 alleging error in the trial court’s refusal to grant their Motion for An Automatic Change of Judge.

We affirm.

Appellants were to be tried before a jury with Judge Charles C. Daugherty presiding over the trial. No motions for change of judge were filed with regard to Judge Daugherty. On the day before the trial appellants learned that Judge Daugherty would not preside.2 On the morning of trial, Judge Daugherty appointed Ralph N. May as Judge Pro Tempore for appellants’ trial. After voir dire, the swearing and empanelling…