State v. Davis

By the WHOLE COUNT.

O’NIELL, C. J.

Belator was accused, in separate bills of information, of manufacturing and of selling intoxicating liquor for beverage purposes. Having waived arraignment and pleaded not guilty in each case, he filed a motion to recuse the district judge, averring in the motion that the judge had an interest in the case, that he was a personal enemy of defendant, and was so biased and prejudiced against defendant as to be incapable of giving him a fair and impartial trial. Belator requested the judge either to recuse himself or to refer the motion to a judge of an adjacent…