Alcuin Willenbring v. United States

Alcuin Willenbring, appellant herein, was convicted in the United States District Court for the Southern District of California, Central Division, of two counts of willful income tax evasion. His appeal to this court from this conviction raises only one point: that the district judge should have disqualified himself fi'om trying the case after an affidavit of bias was filed by appellant pursuant to 28 U.S.C.A. § 144 .

Appellant’s indictment was filed February 16, 1961; thereafter, certain preliminary matters in connection with his case were handled by District Judge Harry C. Westover who assigned the case to District Judge William M. Byrne for trial. The trial was set for November 21, 1961. On October 9, 1961, the case was transferred by Chief Judge Pierson M. Hall to the trial calendar of District Judge Albert Lee Stephens, Jr. On November 17, 1961, the case was transferred to District Judge Gus Solomon for trial. On that day appellant’s attorney was advised by the government attorney that the case had been transferred to Judge Solomon and that Judge Solomon had requested the presence of counsel at a pre-trial conference on November 18. The trial remained set for November 21. On…