State v. Johnson

The opinion of the court was delivered by

Fenner, J.

Appellant, on motion to quash and motion in arrest, complains that the indictment and proceeding's against him. were unlawfully signed and conducted by an attorney appointed by the court to act in the necessary absence of the district attorney.

The evidence shows that the district attorney was absent under a leave for sixty days granted by the Governor on the ground of ill health.

This is a case of necessary absence within the meaning of Act 71 of 1886, which authorizes the court “ to appoint a competent attorney to represent the State in…