Legal Opinion

Palmer v. State

Mississippi Supreme Court

Decided March 15, 1896PublishedCited by 3 opinions

From the circuit court of the first district of Hinds county. Hon. Robert Powell, Judge. The appellant was indicted at the January, 1896, term of the court below for murder. At the time he was indicted and arrested upon a bench warrant, Judge J. B. Chrisman was the presiding judge of the court. He was arraigned, tried, convicted, and sentenced by Judge Robert Powell, the successor in office of Judge Chrisman.

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From the circuit court of the first district of Hinds county. Hon. Robert Powell, Judge. The appellant was indicted at the January, 1896, term of the court below for murder. At the time he was indicted and arrested upon a bench warrant, Judge J. B. Chrisman was the presiding judge of the court. He was arraigned, tried, convicted, and sentenced by Judge Robert Powell, the successor in office of Judge Chrisman. The defendant moved in arrest of judgment that Judge Powell had no jurisdiction to try and condemn him. When the motion came on to be heard he offered to prove, in support of his motion,…

1Opinion of the CourtWoods, J.

If all the evidence sought to be introduced in support of the motion in arrest of judgment had been admitted, the judgment of the learned court below on the motion must have been precisely that which was rendered.

Under our system of laws, there is a court provided for, a tribunal in which law is judicially administered; there is created an official called a judge, who presides in such court, and there is a term, or fixed period of time, in which the court shall be held. The court is one thing, the judge another thing, and the term a third thing. The court may convene and adjourn, from day to…

2Cited by3 opinions

  1. State v. HargisSupreme Court of Kansas · 1911
  2. Grant v. StateMississippi Supreme Court · 1940
  3. Williams v. SimonMississippi Supreme Court · 1924

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