Stone v. State

The plaintiff in error was charged by indictment with the statutory offense of unlawfully or carnally knowing and abusing a female child under the age of ten years. He was convicted of an assault with intent to commit rape, which is included in the offense charged, and took writ of error.

At the trial in Polk County in the Tenth Judicial Circuit, the defendant “in open court objected to the said cause against him being prosecuted by M. A. McMullen, State Attorney for the Sixth Judicial Circuit, the said M. A. McMullen never having been appointed by this court or sworn in as acting State…