Sizemore v. Stivers, Judge

Opinion of the Court by

Chief Justice Rees

— Dismissing petition.

By this action in this court the petitioner, Hugh Sizemore, seeks to prohibit Hon. Franklin P. Stivers, .judge of the Clay circuit court, from trying petitioner upon four indictments returned by the grand jury of Clay county.

It is alleged in the petition that at the January, 1941, term of the Clay circuit court Sizemore was indicted in four cases, each indictment charging him with the offense of being drunk in a public place; that bench warrants were issued upon all the indictments and the petitioner wa,s arrested by the sheriff…