State ex rel. Hert v. Niblack

This is an original action seeking to prohibit John L. Niblack, as Special Judge of the Morgan Circuit Court, from proceeding further in a criminal action brought against relator in that court.

On October 19, 1961, an indictment in two counts was returned by the Grand Jury of Morgan County charging relator with embezzlement in Count I and with grand larceny in Count II. Relator filed an affidavit for change of venue from the Judge, and John L. Niblack, the regular Judge of the Marion Circuit Court, was selected as Special Judge.

A motion to quash Count I was filed on April 2, 1962, and…