Whatley v. State
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard before Hon. A. H. Alston. The defendant was indicted, tried and convicted of seduction. Hon. A. IT. Alston, Supernumerary Judge, held the regular term of tlie Walker Circuit Court, and at the regular 'term made an order for an adjourned term of the same court at a later day. The defendant was tried and convicted and sentenced at the adjourned term, held under this order.
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Appeal from Walker Circuit Court. Heard before Hon. A. H. Alston. The defendant was indicted, tried and convicted of seduction. Hon. A. IT. Alston, Supernumerary Judge, held the regular term of tlie Walker Circuit Court, and at the regular 'term made an order for an adjourned term of the same court at a later day. The defendant was tried and convicted and sentenced at the adjourned term, held under this order. The defendant objected to being put upon his trial because (1) The Circrtit Court of Walker County was not in session; (2) The adjourned term had not been legally called; (3) The…
1Opinion of the CourtAnderson, J.
The supernumerary judge, Hon. A. H. Alston, while holding the regular term of the Walker circuit court, made an order during said term for holding an adjourned term of said court for said county, at which said adjourned term this defendant was tried and convicted, and which was presided over by the said Alston. The questions presented for our consideration are: First. Did the supernumerary judge have the authority to order an adjourned term? Second. Did he have authority to hold said term, even if it was properly ordered? Acts 1898, p. 236, creating the office of supernumerary judge and…
2Cases cited11 opinions
- Mann v. StateSupreme Court of Alabama · 1901
- Gilmore v. StateSupreme Court of Alabama · 1899
- Price v. StateSupreme Court of Alabama · 1897
- White v. StateSupreme Court of Alabama · 1901
- Keith v. StateSupreme Court of Alabama · 1890
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3Cited by40 opinions
- Andrews v. StateSupreme Court of Alabama · 1909
- Weatherford v. StateCourt of Criminal Appeals of Alabama · 1979
- Phillips v. AshworthSupreme Court of Alabama · 1929
- Sims v. StateSupreme Court of Alabama · 1906
- Ex parte StateSupreme Court of Alabama · 1912
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