Massie v. Commonwealth
Court of Appeals of Kentucky
Oas® 99 — INDICTMENT— APPEAL FROM OWEN CIRCUIT COURT. The presiding judge erred in refusing ft) retire from the bench. (Gen. Stats., chap. 28, art. 7, sec. 1; Vance v. Field, 89 Ky., 178; German Ins. Co. v. Landram, 88 Ky., 433; Russell v. Russell, 11 Ky.
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Oas® 99 — INDICTMENT— APPEAL FROM OWEN CIRCUIT COURT. The presiding judge erred in refusing ft) retire from the bench. (Gen. Stats., chap. 28, art. 7, sec. 1; Vance v. Field, 89 Ky., 178; German Ins. Co. v. Landram, 88 Ky., 433; Russell v. Russell, 11 Ky. Law Rep., 548; Turner v. Com., 2 Met., 625.) An affidavit in support of a motion to require the presiding judge to vacate the bench must state the facts upon which is based the affiant’s belief that the judgé will not give him a fair trial. It is not sufficient to state conclusions. (German Ins. Co. v. Landram, 88 Ky., 440.)
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
The appellant was indicted in the Owen Circuit Court, charging him with the crime of murdering Jesse Honaker. *589The second trial of the case resulted in convicting the .appellant of the crime charged, and fixing his punishment at confinement in the penitentiary for life.
The appellant, before the second trial had commenced, moved the trial judge to retire from the bench and not preside in the case, and supported his motion by the following affidavit:
“ The defendant, J. L. Massie, states that his Honor, Warren Montfort, will not afford this…
2Cases cited1 opinion
- German Insurance v. LandramCourt of Appeals of Kentucky · 1889
3Cited by25 opinions
- State Ex Rel. Anaya v. ScarboroughNew Mexico Supreme Court · 1966
- State Ex Rel. Hannah v. ArmijoNew Mexico Supreme Court · 1933
- Rush v. DenhardtCourt of Appeals of Kentucky · 1910
- Powers v. CommonwealthCourt of Appeals of Kentucky · 1902
- State ex rel. McAllister v. SlateSupreme Court of Missouri · 1919
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