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STATE v. MILLER

No. 43303.

94 So.2d 661 (1957)

232 La. 541

STATE of Louisiana v. James Norman MILLER.

Supreme Court of Louisiana.

April 1, 1957.

Attorney(s) appearing for the Case

Jack P. F. Gremillion, Atty. Gen., M. E. Culligan, Asst. Atty. Gen., Peter S. Anderson, Dist. Atty., Leesville, A. B. Cavanaugh, Lake Charles, for plaintiff-appellant.

Gravel, Humphries, Sheffield & Mansour, Lloyd G. Teekell, Alexandria, and Jack L. Simms, Leesville, for defendant-appellee.

HAWTHORNE, Justice.

Defendant, charged with the crime of murder, timely filed a motion to recuse the presiding judge. The motion was sustained, and the State appealed.1

The grounds for recusation of a judge in a criminal case are set out in R.S. 15:303, which reads insofar as pertinent here: "The causes for which any judge in any criminal case shall be recused, shall be as follows: * * * (2) * * * his being related * * * to one...

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