Bescher v. State

The appellant was indicted in the court below for retailing intoxicating liquors without a license. He pleaded not guilty, and by agreement the cause was submitted to the court for trial. The court heard the evidence and took the case under advisement, and before finding, the judge died. The defendant was again put upon trial and convicted. The proceeding before the deceased judge was relied on in defense. The case was under advisement from the 16th of December, 1868, until the death of the judge, which occurred on the 28th of April foil owing.

It is claimed, that by this proceeding the…