State v. Dearman

Per Oubiam.

An affidavit charging* the appellant with a misdemeanor was lodged with a justice of the peace, and when the cause came on for trial the appellant objected in writing to his proceeding therewith, on the ground that he was disqualified from trying the appellant, for the reason that it was “to the interest of the said justice of the peace to convict the defendant on account of the fees and costs that may be collected by him from the defendant only in case he convicted the defendant.” This motion was overruled by the justice of the peace, and the appellant was convicted of the…