Barnes v. State

The plaintiffs in error were convicted of murder in the second degree and sentenced to life imprisonment.

The main assignments of error are placed upon the fact that the verdict was received and sentence passed after midnight of Saturday, about half past two o’clock.

It is urged first that the term of court expired at midnight and that therefore a mistrial should have been ordered. The statute does not fix the term of the court. It merely directs that the term begin on a certain Monday, and that on the Monday succeeding this Saturday a term be held in another county of the circuit. Should,…