Legal Opinion

State v. Perkins

Supreme Court of Louisiana

Decided November 29, 1909No. 17,797PublishedCited by 6 opinions

' Appeal frbm' Fifteenth Judicial' District Court,'- Rarish" of Calcasieu; D. B.'-Gorham, Judge'adhoc. - ’ John A. Perkins was indicted for embezzlement. From an order overruling a motion to recuse the presiding judge, defendant appeals.

1Opinion of the CourtLand, J.

In August, 1904, the defendant, sheriff and ex officio tax collector of the parish of Calcasieu, was charged on information with the crime of embezzling $60,303.79 of taxes by him collected by virtue'of his office.

In June, 1909, the defendant appeared and filed a motion to recuse the Honorable Winston Overton, presiding judge of the district, on the ground that he had been employed and consulted in matters forming the basis of the present criminal prosecution against the defendant.

The district judge declined to recuse himself, and appointed a. judge ad hoc to hear -and determine the issue…

2Cases cited2 opinions

  1. State ex rel. Jones v. Judges of the Tenth Judicial DistrictSupreme Court of Louisiana · 1889
  2. State ex rel. Stewart v. ReidSupreme Court of Louisiana · 1905

3Cited by6 opinions

  1. State v. TateSupreme Court of Louisiana · 1936
  2. State v. HenrySupreme Court of Louisiana · 1942
  3. State v. SnyderSupreme Court of Louisiana · 1970
  4. Rollo v. DisonLouisiana Court of Appeal · 1981
  5. Smith v. Queen Insurance Co. of AmericaCourt of Appeals of Georgia · 1930

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