Cox v. State

(After stating the foregoing facts.) Special ground 1 of the amended motion for a new trial assigns error on the judge’s refusal to disqualify himself on the ground that he had been a practicing attorney representing the defendant in the previous abandonment case in 1933 regarding the same child. The only provision of Code § 24-102 with which we are concerned here provides that no judge shall preside, act or serve in any case “in which he has been of counsel.” The provisions of this Code section are exhaustive, and a judge will not be disqualified unless he falls under one of the prohibitions…