United States v. Adams
Supreme Court Of The Territory Of Dakota
' Writ of error to the District Court of Lawrence County, First Judicial District. Indictment and conviction for embezzlement of the public moneys of the United States. The defendant mad§ a preliminary motion in this case, asking that another judge be called to preside at the trial, on the grounds of prejudice on the part of the presiding judge against him. The motion was denied by the court on the grounds that there was no power in the court to grant it.
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' Writ of error to the District Court of Lawrence County, First Judicial District. Indictment and conviction for embezzlement of the public moneys of the United States. The defendant mad§ a preliminary motion in this case, asking that another judge be called to preside at the trial, on the grounds of prejudice on the part of the presiding judge against him. The motion was denied by the court on the grounds that there was no power in the court to grant it. The question is, does the court possess the power, and is it not a matter resting in the discretion? It would seem that there ought to be…
1Opinion of the CourtMoody, J.
The plaintiff in error was postmaster at Deadwood, Dakota Territory, from about April, 1877, until the 26th day of June, 1879. At the August 1880 term of the District Court for the First Judicial District of said Territory, he was indicted for embezzlement of postoffice funds, belonging to the United States, received by him as such postmaster, was tried and convicted, and now brings the cause to this court by writ of error.
The errors alleged are:
*321First. That the District Judge refused, upon defendant filing his affidavit of prejudice, to call another judge to preside at the trial.
Second. In…
2Cited by4 opinions
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