Section 545.660

Title XXXVII CRIMINAL PROCEDURE

Chapter 545

Effective - 28 Aug 1939   

  545.660.  When judge deemed incompetent to try case. — When any indictment or criminal prosecution shall be pending in any circuit court or criminal court, the judge of said court shall be deemed incompetent to hear and try said cause in either of the following cases:

  (1)  When the judge of the court in which said case is pending is near of kin to the defendant by blood or marriage; or

  (2)  When the offense charged is alleged to have been committed against the person or property of such judge, or some person 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, not of kin to or counsel for the defendant, that the judge of the court in which said cause is pending will not afford him a fair trial.

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(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.