State ex rel. Futch v. Johnson

ALLEN, Judge.

This is an appeal from an order denying a petition for writ of prohibition. Emory Jackson Futch filed a petition seeking to prevent his trial before Bob Johnson, Municipal Judge of Tampa, on a charge of reckless driving.

The grounds for the original petition were that Futch’s trial was begun without a jury April 24, 1957, and that after the city’s first witness, the judge continued the case because certain city witnesses were not available. Futch contended that such continuance over his objection violated the restrictions against double jeopardy.

The circuit court granted an…