State v. Phillips

Defendant was charged , with having unlawfully in his possession intoxicating liquor for beveragl purposes; the liquor consisting of 10 gallons of moonshine, or white lightning corn whisky.

The first step that defendant took in his defense was to file a motion to recuse the trial judge. The motion first sets forth that the charge against defendant, being a misdemeanor, must be heard and determined by the" judge without a jury, whose judgment as to the guilt or innocence of defendant will be final, and then sets forth, as the ground proper for recusation, the following:

“That the presiding judge…