Commonwealth Ex Rel. Cooper v. Howard

Opinion by

Stanley, Commissioner

Granting writ of prohibition.

After the indictment of Charlie Howard and Bruce Howard, charging them with the murder of Jimmie Allen in Magoffin county, the Commonwealth’s attorney for the district embracing the Magoffin circuit court seasonably filed a-motion that the Honorable J. Brack Howard, judge of that court, vacate the bench. One of the grounds was that he is a cousin of the defendants. Although the motion was supported by an affidavit stating facts, the judge declined to step aside. Thereupon, as an original proceeding in this court, a petition has been…