State v. Hester

CARMODY, Justice.

The question for determination is the apparent ever-recurring one, involving the timeliness of an affidavit of disqualification.

Appellant appealed from a conviction of driving while under the influence of intoxicating liquor, by a justice of the peace to the district court of Roosevelt County. Arraignment was set for February 24, 1961, and, on the morning of that day, counsel for the appellant, by telephone, requested of the district judge that the case be continued because the roads were hazardous and that counsel did not have his witnesses available. The request for…