State v. Cross

I dissent from the opinion in this case, for the reason that the special judge appointed, and under whom a jury properly selected found a verdict of involuntary manslaughter, was at least a de facto judge, whose proceedings were binding on the prisoner and State alike. In the case of Smurr v. State, 105 Ind., 133, (4 N. E. 450), it is said: “We have many cases declaring that where a party goes to trial without objection, before a judge assuming to act under color of authority, he cannot, after judgment or conviction, successfully make the objection that the judge had no authority to try a…