State ex rel. Wilberg v. McNaughton

Taylor, C.

The relator was arrested under a warrant issued by the municipal court of the city of Stillwater charging him with having violated an ordinance of that city. He entered a plea of not guilty and filed an affidavit .stating “that he has good cause to believe and does believe that from prejudice, the Hon. O. E. Lee, the judge of the above named court will not decide impartially in the above entitled matter,” and further stating that the affidavit was made for the purpose of having the cause transferred to another judge of that court.

The act establishing the court provides that if a…