545.660. When judge deemed incompetent to try case.
When judge deemed incompetent to try case.
545.660. When any indictment or criminal prosecution shallbe pending in any circuit court or criminal court, the judge ofsaid court shall be deemed incompetent to hear and try said causein either of the following cases:
(1) When the judge of the court in which said case ispending is near of kin to the defendant by blood or marriage; or
(2) When the offense charged is alleged to have beencommitted against the person or property of such judge, or someperson near of kin to him by blood or marriage; or
(3) When the judge is in any wise interested or prejudiced,or shall have been counsel in the cause; or
(4) When the defendant shall make and file an affidavit,supported by the affidavit of at least two reputable persons, notof kin to or counsel for the defendant, that the judge of thecourt in which said cause is pending will not afford him a fairtrial.
(RSMo 1939 § 4037)Prior revisions: 1929 § 3648; 1919 § 3991; 1909 § 5198
(1963) Section held not to disqualify judge from receiving indictment of defendant for assault and beating of judge's daughter with intent to rape. State v. Selle (Mo.), 367 S.W.2d 522.