State ex rel. Thrapp v. Noble Circuit Court

Concurring and Dissenting Opinion

Jackson, C. J.

— This is an original action instituted to prohibit the respondent court and judge from certifying this cause to the Supreme Court and to mandate the respondent to rule on the defendant’s second application for change of venue from the judge.

I concur in that part of the majority opinion holding that the respondent judge could not disqualify himself under the provisions of Rule 1-12(11), as it is obvious he does not come within the purview of that section of the Rule.

I dissent from the remainder of the opinion for the following reasons:

*570. 1. : The…