Myers v. Bailey

Supreme Court of Oklahoma

Myers v. Bailey

1910 OK 106, 109 P. 820, 26 Okla. 133, 1910 Okla. LEXIS 20

CourtSupreme Court of Oklahoma

DecidedApril 26, 1910

Docket1479

StatusPublished

Cited by16 cases

This text of 1910 OK 106 (Myers v. Bailey) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Myers v. Bailey, 1910 OK 106, 109 P. 820, 26 Okla. 133, 1910 Okla. LEXIS 20 (Okla. 1910).

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Opinion

KANE, J.

This is an original action for a writ of mandamus, to require the defendant, as judge of the district court of the Fifteenth judicial district of the state of Oklahoma, to certify to his disqualification to try a criminal case wherein the plaintiff herein is defendant. The affidavit for disqualification states generally that said judge is so biased and prejudiced against the defendant that he will not give said defendant a fair and impartial trial, and that by reason of said bias and prejudice this defendant cannot have a fair and impartial trial before said judge.

The contention of plaintiff is that in this state a person charged with an offense against its laws has a constitutional right to be tried before a judge without prejudice, and that, when his affidavit is filed alleging prejudice, he is not bound to comply with 'the provisions of section 5 of the act of March 22, 1909 (Sess. Laws 1909, p. 169), by setting up the grounds or facts upon which the claim is made that the judge is disqualified. This same question was before the Criminal Court of Appeals of this state in Ex parte Hudson, 3 Okla. Cr. 393, 106 Pac. 540, wherein it was held that ‘Tefore the petitioner can invoke the aid of this court he must comply with the requirements of this act or show cause for his failure to do so.” We have examined the original opinion of Furman, P. J., and the opinion on rehearing by Owen, J., with great care, and are satisfied that the conclusion reached by that court is well sustained by reason and authority.

The writ must be denied.

All the Justices concur.

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KANE, J.

This is an original action for a writ of mandamus, to require the defendant, as judge of the district court of the Fifteenth judicial district of the state of Oklahoma, to certify to his disqualification to try a criminal case wherein the plaintiff herein is defendant. The affidavit for disqualification states generally that said judge is so biased and prejudiced against the defendant that he will not give said defendant a fair and impartial trial, and that by reason of said bias and prejudice this defendant cannot have a fair and impartial trial before said judge.

The contention of plaintiff is that in this state a person charged with an offense against its laws has a constitutional right to be tried before a judge without prejudice, and that, when his affidavit is filed alleging prejudice, he is not bound to comply with 'the provisions of section 5 of the act of March 22, 1909 (Sess. Laws 1909, p. 169), by setting up the grounds or facts upon which the claim is made that the judge is disqualified. This same question was before the Criminal Court of Appeals of this state in Ex parte Hudson, 3 Okla. Cr. 393, 106 Pac. 540, wherein it was held that ‘Tefore the petitioner can invoke the aid of this court he must comply with the requirements of this act or show cause for his failure to do so.” We have examined the original opinion of Furman, P. J., and the opinion on rehearing by Owen, J., with great care, and are satisfied that the conclusion reached by that court is well sustained by reason and authority.

The writ must be denied.

All the Justices concur.

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Bluebook (online)

1910 OK 106, 109 P. 820, 26 Okla. 133, 1910 Okla. LEXIS 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myers-v-bailey-okla-1910.

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