STATE EX REL. FUTCH v. JOHNSON

No. 291.

102 So.2d 651 (1958)

STATE ex rel. FUTCH, Appellant, v. JOHNSON, City Judge, Appellee.

District Court of Appeal of Florida. Second District.

May 2, 1958.


Attorney(s) appearing for the Case

Fowler, White, Gillen, Yancey & Humkey, Tampa, for appellant.

Ralph A. Marsicano, Joseph M. Paniello, Tampa, for appellee.


ALLEN, Judge.

This is an appeal from an order denying a petition for writ of prohibition. Emory Jackson Futch filed a petition seeking to prevent his trial before Bob Johnson, Municipal Judge of Tampa, on a charge of reckless driving.

The grounds for the original petition were that Futch's trial was begun without a jury April 24, 1957, and that after the city's first witness, the judge continued the case because certain city witnesses were not available. Futch...

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