187 Ind. 263 | Ind. | 1918
— Appellant, in the Delaware Circuit Court, was indicted and convicted of the offense defined by §1, Acts 1907 p. 689, §8351 Burns 1914, commonly called the “blind-tiger act”. On March 17, 1917, and twenty-four days prior to the time of the trial, appellant, by affidavit, as authorized by §2074 Burns 1914, Acts 1905 p. 628, applied to have the venue of his case changed from the regular judge. His application was refused, and this ruling is questioned and relied on for a reversal of the judgment.
The denial of appellant’s application for a change of judge was error and for this error the judgment is reversed, with instructions to sustain appellant’s motion for a new trial, to grant his application for a change of judge, and for further proceedings not inconsistent with this opinion.
Note. — Reported in 118 N. E. 953. Judges: application for change on account of bias as ousting judge of jurisdiction, Ann. Cas. 1916D 1281, 84 Am. Dec. 127.