Evans v. State

Indictment against the defendant, for being found in a state of intoxication in a public place.

A change of venue was granted from the circuit judge, on account of prejudice; whereupon John Y. Hadley, an attorney of Hendricks county, was appointed to try the cause. The defendant objected to the competency, jurisdiction, and denied the right, of said Hadley to try said cause, as appears by the record.

The record shows, by the formal entry of the clerk, that Hadley was appointed and sworn, but it does not show that the appointment was in writing.

According to the case of Kennedy v. The State, 58…