State v. Whitney

By the Court,

Kelly, C. J.:

The defendant, John D. Whitney, was jointly indicted with S. A. Hibert in the circuit court for Marion county, at the regular term commencing on the twenty-first day of October, 1878, and tried and convicted of murder in the first degree at a special term in November following. On the seventeenth day of October, of the same year, an act of the legislative assembly entitled “an act to provide for the election of supreme and circuit judges in district classes” was approved. The regular term of the court was held by Hon. R. P. Boise, who was judge of the third judicial…