Walker v. State , 142 Ala. 32 ( 1904 )

TYSON, J.

The indictment was preferred by a grand-jury organized by the Hon. Paul Speake, whom we have held was a de facto judge, and at a time when the court could be held. It is, therefore, valid. The trial .and conviction, however, were had upon a day when the court was not legally in session. The judgment of conviction is, therefore, void.

Appeal dismissed.

Haralson, Simpson and Anderson, J.J., concurring.