State Ex Rel. Johnson v. Green

CHARLES SHANGLER, Special Judge.

This is an original proceeding in prohibition.

Relator, James Leon Johnson, was charged by information filed in the Magistrate Court of Chariton County with driving a motor vehicle while intoxicated. He pleaded not guilty and the case was set for trial. Prior to trial, relator filed his affidavit for “change of venue” because of the bias and prejudice of the Magistrate. As it did not seek a change in the place of trial, but only the disqualification of the Magistrate, the affidavit was actually one for change of judge, rather than venue. The affidavit was…