State v. Williams
West Virginia Supreme Court
Sarah Jane Williams was convicted of the murder of Jemima Green and sentenced to confinement in the penitentiary for life by the circuit court of Braxton county, on the 20th day of March, 1867. From this judgment of the circuit court a writ of error was awarded said Williams to this Court. Joseph M. McWhorter, Esq., as special judge presided at the trial of the case in the court below, and rendered the judgment appealed from.
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Sarah Jane Williams was convicted of the murder of Jemima Green and sentenced to confinement in the penitentiary for life by the circuit court of Braxton county, on the 20th day of March, 1867. From this judgment of the circuit court a writ of error was awarded said Williams to this Court. Joseph M. McWhorter, Esq., as special judge presided at the trial of the case in the court below, and rendered the judgment appealed from. Moore, Judge, furnishes the following statement of the case: At a circuit court held for the county of Braxton Sarah Jane Williams was indicted, March 20, 1876, for the…
1Opinion of the CourtMoore, Judge
A preliminary question is presented, viz: Could the Syllabus 1« case be tried at a special term by a special judge elected by the members of the bar ?
*857Article 8, section 16, of the Constitution provides that: “ The Legislature shall provide by law for holding circuit courts where, from any cause, the judge shall fail to attend, or if in attendance, cannot properly preside.” The 11th section of the same Article provides that: “A circuit court shall be held in every county, twice a year. But provision may be made by laic for special terms” &e. By the 7th section of chapter, 15, Acts 1872-3,…
2Cases cited13 opinions
- State v. BetsallWest Virginia Supreme Court · 1877
- Giles v. StateSupreme Court of Georgia · 1849
- Marquand v. WebbNew York Supreme Court · 1819
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- Settle v. AlisonSupreme Court of Georgia · 1850
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3Cited by29 opinions
- Dower v. ChurchWest Virginia Supreme Court · 1882
- State v. LoweWest Virginia Supreme Court · 1883
- Black's Administrator v. ThomasWest Virginia Supreme Court · 1883
- State v. SpradleyWest Virginia Supreme Court · 1954
- State v. StowersWest Virginia Supreme Court · 1909
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