Hughes v. State

Upon the facts is presented the controlling question as to whether a verdict can be received and returned into court during a recess of the court. The petition to set aside the judgment alleges that after the court took a recess at about .8:30 o’clock on the night of January 24, 1924, the court presided over by the judge was not again in session or reconvened as a court in any capacity whatever until the following day, January 25, 1924, at 9 o’clock a. m. One undisputed fact is that his' honor G-. H. Howard, the judge presiding, was at his home more than a mile from the court-house during all…