Downing v Venable

Downing v Venable
1938 OK CR 14
76 P.2d 277
63 Okl.Cr. 461
Decided: 02/04/1938
Oklahoma Court of Criminal Appeals

Original mandamus action by George Downing against John H. Venable, county judge of Ottawa county, to secure a change of judge in a prosecution for unlawful possession of intoxicating liquor. Petition granted.

J. J. Smith, for petitioner.

William E. Poteet, for respondent.

PER CURIAM. George Downing, petitioner, being prosecuted by information in the county court of Ottawa county, charged with the offense of unlawful possession of intoxicating liquor, and having made application for change of judge upon the ground that respondent herein was so biased and prejudiced against petitioner that he could not secure a fair and impartial trial in said court before said county judge, respondent.

The original application for change of judge, presented to the respondent, was attached to and made a part of the petition for mandamus filed in this court.

Page 462

The matter came on to be heard March 16, 1936; this court, having read the petition and the response thereto, finds: