State v. Kelley

1 Citing case

  1. State v. Kelley

    241 La. 224 (La. 1961)   Cited 16 times
    In State v. Kelley, 241 La. 224, 128 So.2d 18 (1961), the court stated that the testimony of the judge must relate to the defendant's guilt or innocence.

    A similar motion to recuse Judge Hunter in that proceeding was referred to the other judge of the District, and upon his overruling of said motion we granted alternative writs — but these were subsequently recalled and the suit dismissed due to the fact that meanwhile, in the general election held on April 19, 1960, the defendant had been re-elected for another term of four years to the position of Sheriff of Rapides Parish and, under the jurisprudence, the removal suit had become moot. See State ex rel. Pharis v. Kelley, 239 La. 704, 119 So.2d 833. Subsequent to the dismissal of the removal action, the Grand Jury returned the nineteen indictments in which the present motions to recuse were filed — eighteen charging malfeasance in office (R.S. 14:134) through the mishandling of public funds and the nineteenth charging that defendant committed the act of unauthorized use of a movable (R.S. 14:68) in that he permitted a private individual to keep and use a certain described automobile for purely private and personal use outside the Parish of Rapides, without consent of the Parish "but without the intent to permanently deprive the Parish of Rapides of said automobile."