STATE EX REL. STRAIN v. FOSTER


537 P.2d 547 (1975)

STATE of Oregon ex rel. Larry Allen Strain, Plaintiff, v. The Honorable Charles H. FOSTER, Judge of the Circuit Court of the State of Oregon, for the Fourteenth Judicial District, Defendant.

Supreme Court of Oregon, In Banc.

Decided July 3, 1975.


Attorney(s) appearing for the Case

Richard J. Smith, Klamath Falls, for plaintiff.

Charles H. Foster, Lakeview, in pro. per.


Submitted June 4, 1975, on referee's report.

TONGUE, Justice.

This is an original proceeding in mandamus to require the respondent, a circuit judge, to allow the motion of petitioner, a defendant in a criminal proceeding, for a change of judge pursuant to ORS 14.260, and based upon an affidavit by petitioner's attorney alleging that respondent was prejudiced against the defendant and his attorney. We allowed an alternative writ of mandamus ordering respondent...

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