Pate v. Tait

— Upon an affidavit of the bias and prejudice of the presiding judge, a practicing attorney of the county and State, in good standing, was appointed to preside, and, over the objection and exception of the defendant, did preside, at the trial of the case in the circuit court.

It is insisted, on two grounds, that the attorney so appointed to act as judge had no right, power or jurisdiction to act in that capacity, first, because the law does not authorize such an appointment; and, second, because, if the *451law can be construed to authorize the appointment, the law itself is unconstitutional.

The…