State v. . Lewis
Supreme Court of North Carolina
This was an indictment for assault and battery with a deadly weapon, tried at the .July Term, 1890, of the Superior Court of Rocking-ham County, before Whitaker, J. The Judge was acting by virtue of the following commission from the Governor; Raleigh,'July 8th, 1890. To Hon. Spier Whitaker — GreetiNg: We, reposing special trust and confidence in your integrity and knowledge, do by these presents appoint you to hold Fall Terms of the Superior Courts of Rockingham County,…
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This was an indictment for assault and battery with a deadly weapon, tried at the .July Term, 1890, of the Superior Court of Rocking-ham County, before Whitaker, J. The Judge was acting by virtue of the following commission from the Governor; Raleigh,'July 8th, 1890. To Hon. Spier Whitaker — GreetiNg: We, reposing special trust and confidence in your integrity and knowledge, do by these presents appoint you to hold Fall Terms of the Superior Courts of Rockingham County, beginning July 22d, 1890, and Stokes County, beginning August 4th, 1890, in the Ninth Judicial District, in lieu of Hon.…
1Opinion of the CourtAvery, J.
after stating the case: If Judge Whitaker was acting either de jure or de facto as Judge of the Superior Coúrt of Rockingham County in opening and organizing that Court, and in presiding at the trial of the defendant until the jury returned a verdict of guilty, it was error to allow the motion of the defendant and enter the order arresting the judgment Were we to concede not only that the Governor did not have the power, under the Constitution, to appoint him and clothe him with the rightful authority, but that his acts as a de facto officer also ceased to be valid and binding as to the…
2Cases cited11 opinions
- State v. CarrollSupreme Court of Connecticut · 1871
- The People of N.C. Ex Rel . Norfleet v. . Staton, Jr.Supreme Court of North Carolina · 1875
- Petersilea v. StoneMassachusetts Supreme Judicial Court · 1876
- State ex rel. Knowlton v. WilliamsWisconsin Supreme Court · 1856
- Diggs v. StateSupreme Court of Alabama · 1873
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