State v. Bunton

A jury convicted defendant of burglary in the second degree and stealing. The trial judge, under the second offense act, pronounced consecutive sentences of five years for burglary and two years for stealing. Defendant appeals.

The sole point preserved and relied on is defendant’s assertion that “The trial judge erred in overruling appellant’s affidavit for disqualification of Judge.” No question is raised by the State as to the form of the affidavit; neither does the State contend that the affidavit was not timely filed. The sole issue, therefore, is whether the prosecuting attorney received…