...State,
127 Fla. 724,
173 So. 906, and State ex rel. Caro, County Solicitor, v. Reese, Judge,
142 Fla. 734,
195 So. 918, and many other authorities. The record reflects that the trial Judge on February 8, 1949, filed in the cause a statement prescribed by Section
38.04, F.S.A., and held that he was not disqualified to hear the cause and that attorney John A. Rush was not interested in the prosecution of the appellant under the indictment lodged against him. Exhibit A attached to the trial court's statement as provided for by Section
38.04, supra, is a record of the proceedings of the hearing on the disqualification petition had in the court below under date of January 13, 1949....
...It is next contended that the judgment below should be reversed because the trial court failed and omitted to file a sworn statement as to his qualification to sit in the cause until February 8, 1949, some time after the rendition of the verdict which is dated January 22, 1949. Section
38.04, F.S.A., provides: "Whenever any judge shall enter an order under §
38.02 declaring himself qualified to act in said cause, he shall contemporaneously therewith file therein a sworn statement that to the best of his knowledge and belie...
