Rasberry v. State

One of the grounds relied upon in the motion for a rehearing is that the record discloses the fact that the Hon. W.N. Maben presided over the court in which appellant was tried during part of the time when the testimony was being received and also at the time the verdict was rendered. This objection was not relied upon in the motion for a new trial, and was not incorporated in the petition in error, and was not presented upon appeal when the case was first submitted to this court, and the record fails to show that an objection was made in the lower court upon the part of appellant to the fact…