Childers v. State

This is a second appeal. On the former appeal the conviction was set aside for errors in the charge of the court. The case on the former appeal has not been reported, but will be found published in 13 South-western Reporter, page 650.

Hon. W. L. Davidson having been disqualified from sitting in the case, and Presiding Judge White and Judge Hurt having disagreed as to the admissibility of the testimony taken on the habeas corpus trial, R. H. Ward, Esq., was appointed special judge in the case.

The evidence adduced on the trial is as follows:

Jesse Rudder, a witness for the State, being sworn,…