State v. Madry

The opinion of the Court was delivered by

Mr. Chief Justice Gary.

The defendants were convicted of larceny, but C. F. Kaigler alone appealed.

The following is the agreed statement of facts, upon which the appeal was heard:

“The defendants were found guilty, Judge R. C. Watts presiding; he resigning, Judge Ernest Gary taking his place upon the bench, sentenced the defendants to two years’ hard labor upon the public works of Richland county.

“A motion was made on behalf of said Kaigler for a new trial, upon the ground that the motion should have been heard by Judge Watts, whereas it was heard by…