Brewer v. State

Brewer was tried and convicted under an indictment for rape, in the circuit court of Wayne county, and appealed in error to this court at its December term, 1879. The transcript of the record, as filed, showed a fatal defect, and the judgment was reversed for this defect, and the prisoner remanded for a new trial. At the January term, 1880, of the circuit court of Wayne county, the regular judge was not present, and a special judge was elected by the bar, under the provisions of the Revised Statutes, sec. 3930a. On the 2d day of that term, the prisoner appeared at the bar in custody of the…