State v. Thompson

HOUSER, Commissioner.

Ervin C. Thompson has appealed from a judgment of conviction entered upon a jury verdict finding him guilty of uttering a forged instrument and assessing punishment at confinement in the county jail for 6 months and a fine of $250.

Appellant’s first point challenges the jurisdiction of the circuit court on the ground that in compliance with Criminal Rule 30.12 V.A.M.R. accused filed an affidavit to disqualify the regular judge but the judge overruled the affidavit and proceeded to try the case. The rule provides that “The judge shall be disqualified under the provisions of…