State v. Banta

Citations

• 122 La. 235
• 47 So. 538
• 1908 La. LEXIS 436

Syllabus

<p>Judges (§ 51*) — Courts (§ 204*) — Prejudice —Recusation—Supeeme Court— Supervisory Control.</p> <p>Where the reasons assigned in the motion to recuse the trial judge in a criminal case are not purely frivolous, 'but present something to be considered, as where it is alleged that the judge is the enemy of the accused and is so biased and prejudiced as to be incapable of giving him a fair trial, and the judge denies the truth of the allegations and declines to recuse himself, he is legally incompetent to sit in judgment on the motion, and, the case being unappealable, his action in so doing will be reviewed by this court in the exercise of its supervisory power.</p> <p>[Ed. Note. — For other cases, see Judges, Cent. Dig. § 229; Dec. Dig. § 51;* Courts, Dec. Dig. § 204.*]</p> <p>(Syllabus by the Court.)</p>