State Ex Rel. Davis v. Collins

Whitfield, J..Upon the election or appointment of an officer, a commission is issued to him which is evidence of his right to hold the office; but if the -term of the officer as stated in the commission is not in accord with the terms as fixed by the applicable law, the term of the officer is governed by the law, not the .commission.

Under the constitution a Judge of the Criminal Court of Record “shall be appointed by the Governor and confirmed by the Senate” and “shall hold his office for four years”, section 24, Article V, and until Ms successor is “duly qualified”, section 14, Article XVI.…