Rodes v. State

The prisoner was indicted for the murder of George Howard, and having been found guilty of murder in the second degree, and sentenced in accordance with the verdict, appealed in error.

*415The record shows that the grand jurors returned into court, and brought with them an indictment against Wiley Rodes for murder, and it appearing to the court that there was no one to prosecute the same, and that justice required that it should be prosecuted, it was ordered that the district attorney-general prosecute the same ex offioio, and that his name be endorsed on the indictment as prosecutor, which was…