State v. Neil

MOLLOY, Judge.

Appellant, Albert Dale Neil, was convicted on May 25, 1965, of two counts of forgery. His convictions were subsequently reversed by this court because of improper communication between the bailiff and the *259jury. State v. Neil, 2 Ariz.App. 230, 407 P.2d 419 (1965).

Upon retrial, defendant’s attorney learned that the trial assignment had been changed on the morning of trial and that Neil was to be retried before the same judge who had presided at the previous trial. Before the trial started, defendant’s attorney moved to transfer the case to another division of the court. The…