Walker v. State
| Decision Date | 17 February 1905 |
| Citation | 38 So. 241,142 Ala. 32 |
| Parties | WALKER v. STATE. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Madison County; Paul Speake, Judge.
Minerva Walker was indicted for murder by the grand jury of the circuit court of Madison county at its February, 1904, term, and at the same term she was convicted of murder in the first degree, and appeals. Dismissed.
W. R. Walker, for appellant.
Massey Wilson, Atty. Gen., for the State.
The indictment was preferred by a grand jury organized by the Honorable 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.
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