State v. White

The relator, in this case, was indicted for murder, and his case was fixed for August 7, 1922. He objected to the fixing of the case for that day, or for any other day during the months of August and September, on the ground that those months constitute the vacation period of the court, and that a trial during that period would be a trial out of term time, and therefore not in open court, when, as a constitutional right, he should be granted a trial in open court, and that any other would be null and void. His objection was overruled, and he applied to this court for writs of certiorari and…