McMillan v. State

The only point requiring discussion arises out of the following facts:

The time fixed by law for the convening of the circuit court in Amite County was the third Monday in Febru ary, 1940. On that day the circuit judge of the district appeared in the courtroom of the county courthouse, and there were present also the clerk and the sheriff. No jurors were in attendance. The judge had previously directed the sheriff not to summon the jurors drawn for the first week.

The court as thus constituted proceeded with the transaction of such business as could be done without the aid of a jury, and then…