Montana Supreme Court, 1953

State ex rel. Smith v. District Court of Eighth Judicial District

State ex rel. Smith v. District Court of Eighth Judicial District
Montana Supreme Court · Decided October 26, 1953
127 Mont. 615; 261 P.2d 809; 1953 Mont. LEXIS 78

State ex rel. Smith v. District Court of Eighth Judicial District

Opinion of the Court

Per Curiam.

It is ordered that the writ be denied and the proceeding dis*616missed for the reason that it has long- been the established law of this state that a defendant in a criminal case has no right to file an affidavit disqualifying a district judge presiding in such criminal cause for imputed bias or prejudice under the provisions of subdivision 4, section 93-901, R. C. M. 1947, or any other provision of the codes. See State ex rel. Dunn v. District Court, 55 Mont. 618, 185 Pac. 774; State ex rel. Houston v. District Court, 61 Mont. 558, 202 Pac. 756.

Proceedings dismissed.

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