Swidan v. State

MORRISON, Judge.

The offense is murder with malice; the punishment, twenty-five years in the penitentiary.

At the inception of the trial appellant moved Judge Erisman to recuse himself in the cause, alleging that he had been counsel in the case. His refusal to do so is the only complaint raised on this appeal. The bill bringing this matter forward was qualified by the trial court, and such qualification was excepted to by *30appellant. The court then prepared his own bill, and the appellant prepared his bystanders’ bill.

The state urges this court not to consider the bystanders’ bill because two of…