STATE EX REL. JOHNSON v. MacMILLAN

No. 7462.

194 So.2d 627 (1967)

STATE of Florida ex rel. James A. JOHNSON, Relator, v. Honorable Hugh MacMILLAN, As Duly Appointed Judge of the Criminal Court of Record of Hillsborough County, Respondent.

District Court of Appeal of Florida. Second District.

January 30, 1967.


Attorney(s) appearing for the Case

Harry M. Hobbs, Tampa, for relator.

Paul Antinori, Jr., State Atty., John S. Burton, Asst. State Atty., Tampa, for respondent.


ALLEN, Chief Judge.

James A. Johnson, the relator, seeks to prohibit Judge Hugh MacMillan from trying him upon an indictment for embezzlement on the ground that Johnson is immune from prosecution by reason of his appearance before the Grand Jury and answering various questions asked him by the State Attorney and the State Attorney's investigator.

Judge MacMillan was assigned to the Criminal Court of Record of Hillsborough County due to disqualification of...

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