
    (98 South. 83)
    No. 26081.
    STATE v. MARTIN.
    (Oct. 29, 1923.
    Rehearing Denied Nov. 26, 1923.)
    
      (Syllabus by Editorial Staff.)
    
    Criminal law <&wkey;l023(3) — Denial of motion to recuse- not appealable.
    An appeal in a criminal ease only lies after judgment finally disposing of the case, and therefore an appeal.from an order denying a motion to recuse, signed in chambers by a judge to whom the motion was referred, who appended thereto a written order of appeal in favor of the party cast, will be dismissed.
    Appeal from Twenty-Ninth Judicial District Court, Parish of Plaquemine; Prentiss B. Carter, Judge ad hoe.
    Emile Martin was charged with unlawfully failing to keep his office of registrar of voters open. A motion to recuse was denied, and defendant appeals.
    Appeal dismissed.
    See, also, State ex rel. Martin v. Judge of Twenty-Ninth Dist., 152 La. 768, 94 South. 389.
    A. Giffen Levy and Loys Charbonnet, both of New Orleans, for appellant.
    By Division B, composed of DAWKINS, LAND, and LECHE, JJ.
   LECHE, J.

Defendant was indicted for “unlawfully failing to keep his office of registrar of voters open during the period prescribed by law.” When called up for arraignment, he moved for the recusation of the presiding judge. That motion was referred for trial and hearing to the judge of an adjoining judicial district. By consent of the district attorney and of the attorneys for defendant, the judge who tried the motion was permitted to render and sign a judgment in chambers and to append thereto a written order of appeal in favor of the party cast, as is often done in civil matters.

It is by virtue of such an order that the present appeal from the ruling of the judge, who denied the motion to recuse, was brought to this court by defendant.

An appeal in a criminal case only lies after judgment finally disposing of the case. State v. Carter, 120 La. 96, 44 South. 997; State v. Hart, 48 La. Ann. 1008, 20 South. 186; State v. Jackson, 140 La. 680, 73 South. 770; State v. Sherman, 144 La. 76, 80 South. 205.

The appeal in this case is therefore dismissed.  