State v. Roberts

The opinion of the court was delivered by

Hutchison, J.:

The appeal in this case is by the defendant in a criminal case, where he was convicted of being a persistent violator of the liquor law, and he assigns as errors the election of a judge pro tem. to try the case when the district judge had died before the election and the trying of the case before such judge pro tem. and the overruling of the motion for a new trial and the pronouncing of judgment and sentence upon him by a judge pro tem. elected after the appointment and qualification of a district judge to fill the vacancy.

The undisputed…