Keith v. State
Supreme Court of Arkansas
APPEAL from Boone Circuit Court. R. PI. Powkll, Judge. The appellant was convicted of murder in the second de^ gree, in the Boone Circuit Court, at the July term for the year 1887. He moved for a new trial and also in arrest of judgment, and both of these motions having been overruled, he excepted and obtained an appeal from the judgment pronounced against him.
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APPEAL from Boone Circuit Court. R. PI. Powkll, Judge. The appellant was convicted of murder in the second de^ gree, in the Boone Circuit Court, at the July term for the year 1887. He moved for a new trial and also in arrest of judgment, and both of these motions having been overruled, he excepted and obtained an appeal from the judgment pronounced against him. The ground relied upon to arrest the judgment, as stated in the defendant's motion, was, that the Judge who presided at the time of his conviction, was not the legally constituted Judge of the court; that the Hon. Richard H. Powell,…
1Opinion of the CourtCockrill, C. J.
1. Judge d b Facto : Right to act tíonedbco?iate" I. The appellant does not deny the jurisdiction of the Boone Circuit Court, but seeks to vacate the judgment of conviction upon the ground that the Judge who presided over the' court at the term when he was convicted was not the legally constituted Judge of the court. He undertook to raise the question by objecting to the passing of sentence upon him and by motion in arrest of judgment. But the facts .... disclosed by the objections which he caused to be spread upon the record, as well as our judicial knowledge of the legislation bearing upon…
2Cases cited10 opinions
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- Owen v. StateSupreme Court of Arkansas · 1978
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