Stein v. State

Defendant-appellant Roger Stein was convicted of the crime of assault and battery 1 following a trial before the court. His motion to correct errors was overruled, and he perfected this appeal.

Stein’s first contention on appeal is that he was denied a fair trial by the failure of the trial judge to disqualify himself because the judge had obtained prejudicial information prior to trial.

As to this issue, the record reveals that the dissemination of the allegedly prejudicial information to the trial judge was occasioned by appellant and a friend. The communication at issue, which occurred on…