Roberts v. State
Supreme Court of Alabama
AjT’EAT; from the Tuscaloosa Law and Equity Court. Tried before the lion. A. S. VandeGraaff. The appellant, John Roberts, was indicted and eonwicted for robbery and sentenced to the penitentiary for dive years.
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AjT’EAT; from the Tuscaloosa Law and Equity Court. Tried before the lion. A. S. VandeGraaff. The appellant, John Roberts, was indicted and eonwicted for robbery and sentenced to the penitentiary for dive years. This case being brought here on appeal, thepe was a motion made to dismiss the case on the ground that the record discloses that .the case was tried by A. S. VandeGraaff, Esq., a person other than the regular-judge of the court, and does not affirmatively show that rsucii person was regularly and duly selected or appointed as a special judge. It was in response to this .motion the…
1Opinion of the CourtMcCLELLAN, C. J.
What purports to be a bill of exceptions appearing in the transcript in this cause shows that A. 18. YandeGraaf-f presided on the trial in the court below as special judge. The record proper of the trial court as certified to us does not show the occasion for Mr. VandeGraaff’s selection or appointment, nor the manner thereof, nor even the fact of such selection or appointment. It is utterly silent on the subject. On the theory that to the validity of the judgment it was essential that the appointment of the special judge should affirmatively appear upon the record of the trial court, and by…
2Cases cited21 opinions
- State v. CarrollSupreme Court of Connecticut · 1871
- Lillie v. TrentmanIndiana Supreme Court · 1891
- Bowen v. SwanderIndiana Supreme Court · 1889
- Schultze v. McLearyTexas Supreme Court · 1889
- Feaster v. WoodfillIndiana Supreme Court · 1864
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3Cited by12 opinions
- Haynes v. StateAlabama Court of Appeals · 1958
- Riley v. WilkinsonSupreme Court of Alabama · 1945
- Tillman v. StateSupreme Court of Florida · 1909
- Board of Education of Escambia County v. WattsAlabama Court of Appeals · 1922
- Mann v. DardenSupreme Court of Alabama · 1911
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