Kennedy v. State

The appellant was convicted in the court below of murder in the second degree, and, over motions for a new trial and in arrest, judgment was rendered on the verdict.

The first question presented by the assignment of errors and discussed by counsel requires us to decide whether the court below, as constituted at the time of the trial, possessed jurisdiction and power to try and determine the cause.

*543A change of venue was granted by the regular judge on account of his alleged bias and prejudice. The judge, then, in compliance with the provisions of the act of March 9th, 1875, made a list of three…