Henry v. State

Appellant was convicted of committing a lewd act in violation of § 16-413.1, S. C. Code of Laws (1962), Cum. Supp. 1975,1 -and sentenced to six (6) years imprisonment, suspended upon service of four (4) years and five (5) years probation. This appeal is from an order denying appellant’s application for post-conviction relief. We affirm.

In the lower court, appellant’s attorney moved for the hearing judge to disqualify himself on the basis that he had also presided over appellant’s -trial.

Other state courts have indicated there is no per se rule prohibiting a judge from presiding over a…