Gill v. State
Supreme Court of Alabama
Appeal from Dallas Circuit Court. Tried before John P. Tillman, Esq., an attorney of the court. The appellant, Joe Gill, was indicted for the murder of William G. Gill.
Read the full summary
Appeal from Dallas Circuit Court. Tried before John P. Tillman, Esq., an attorney of the court. The appellant, Joe Gill, was indicted for the murder of William G. Gill. When the defendant was brought up for arraignment, the presiding judge being a first cousin of the person slain, declined to preside in the case, and the defendant and the solicitor failing to agree upon a special judge, the clerk appointed John P. Tillman, esq., a disinterested person, practicing in the court, and learned in the law, to preside as special judge. The prisoner was then arraigned, and refusing to plead, the plea…
1Opinion of the CourtStone, J.
The constitution, article 6, section 18, ordains that “ If in any case, civil or criminal, pending in any circuit, chancery or city court in this State, the presiding judge or chancellor shall, for any legal cause, be incompetent to try, hear, or render judgment in such cause, the parties or their attorneys of record, if it be a civil case, or the-solicitor or other prosecuting officer, and the defendant or defendants, if it be a criminal case, may agree upon some-disinterested person practicing in the court and learned in the law, to act as special judge or chancellor, to sit as a court, *171and…
2Cases cited2 opinions
- State ex rel. Claunch v. CastleberrySupreme Court of Alabama · 1853
- Heydenfeldt v. TownsSupreme Court of Alabama · 1855
3Cited by25 opinions
- Ex Parte WhiteCourt of Criminal Appeals of Alabama · 1974
- Woodmen of the World v. AlfordSupreme Court of Alabama · 1920
- Gulf States Steel Co. v. ChristisonSupreme Court of Alabama · 1934
- State Ex Rel. Miller v. AldridgeSupreme Court of Alabama · 1925
- Ex Parte OwensCourt of Criminal Appeals of Oklahoma · 1927
20 more not listed; retrieve them via the Exa API.