Walker v. State
| Court | Supreme Court of Alabama |
| Writing for the Court | DOWDELL, J. |
| Citation | 142 Ala. 7,39 So. 242 |
| Parties | WALKER v. STATE. |
| Decision Date | 14 February 1905 |
39 So. 242
142 Ala. 7
WALKER
v.
STATE.
Supreme Court of Alabama
February 14, 1905
Appeal from Circuit Court, Walker County; James J. Ray, Judge.
Henry Walker was convicted of murder in the first degree, and he appeals. Dismissed.
L. D. Gray, for appellant.
Massey Wilson, Atty. Gen., and J. H. Bankhead, Jr., for the State.
DOWDELL, J.
Upon the authority of the case of State of Alabama ex rel. Attorney General v. T. Scott Sayre, Judge, etc. (rendered at this term of the court) 39 So. 240, the act of the Legislature approved March 6, 1903 (Acts 1903, p. 88), creating the Fourteenth judicial circuit, to be composed of the counties of Walker and Winston, must be declared void, as being violative of the Constitution in its enactment. The act in question, however, did not purport to create a circuit court of Walker county, for such a court already existed under the law; but an appointment of a presiding judge for such court was provided for in section 2 of said act, and under the provision of said section Hon. J. J. Ray was appointed by the Governor to that office. By this state of the case it will be seen that we have a legally constituted court, presiding over by one not a dejure judge. Thus the question is presented as to the validity of judgments and proceedings of a court when presided over by one who has no legal right or title to the office of judge. Under the facts of the case there can be no doubt but that Hon. J. J. Ray, when presiding over the circuit court, was a judge de facto.
The proposition of law is well settled by adjudications, not only of this court, but courts of other jurisdictions, that the proceedings and judgments of a court presided over by a de facto officer are not void. Masterson v. Matthews, 60 Ala. 260; Roberts v. State, 126 Ala. 74, 28 So. 741, 30 So. 554; Norton v. Shelby County, 118 U.S. 425, 6 S.Ct. 1121, 30 L.Ed. 178; Gorman v. People, 17 Colo. 596, 31 P. 335, 31 Am. St. Rep. 350. And see authorities collated in Roberts v. State, 126 Ala., on page 78, 28 South., on page 743. It appears from the record in this case that the court at which the defendant was indicted was organized on Monday, the 4th day of January, 1904, and it further appears that the indictment was returned into court on the 10th day of February, 1904, and on that day the defendant was arraigned and a future day set for the trial of his cause, and on the 17th day of February, 1904, the cause was tried and a judgment of...
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Riley v. Bradley, 6 Div. 672.
...are valid and unimpeachable.--Ex parte State ex rel. Attorney General et al., 142 Ala. 87, 38 So. 835, 110 Am.St.Rep. 20; Walker v. State, 142 Ala. 7, 39 So. 242; Masterson v. Matthews, 60 Ala. 260; Norwood v. Louisville & N. R. Co., 149 Ala. 151, 42 So. 683. The motion to expunge and t......
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Glass v. City of Glencoe, Case No.: 4:17-cv-0026-JEO
...he participated, he is a de facto Judge or Justice, as the case may be, and his acts are valid and unimpeachable."); Walker v. State, 39 So. 242, 242 (Ala. 1905) (although state law creating judicial circuit was in violation of the Alabama constitution, the judge appointed as presiding......
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Polytinsky v. Johnston, 8 Div. 640.
...infirmity. It is hornbook law that courts must be held at the time (K. C., etc., Co. v. Randolph [Ala. Sup.] 39 So. 920; Walker v. State, 142 Ala. 7, 39 So. 242; Boynton v. Wilson, 46 Ala. 501; Simpson v. McDaniel, 42 Ala. 458) and place provided by law. Patton v. State, 160 Ala. 111; [1] 7......
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Ex parte Washington, 837
...727; Ex parte State ex rel. etc., 142 Ala. 87, 38 So. 835, 110 Am.St.Rep. 20; Sellers v. Smith, 143 Ala. 566, 39 So. 356; Walker v. State, 142 Ala. 7, 39 So. 42; Roberts v. State, 126 Ala. 74, 28 So. 741, 30 So. 554; 8 Am. & Eng.Ency.Law (2d Ed.) 781 et seq.; Id. 815 et seq.; Davis v. S......
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Riley v. Bradley, 6 Div. 672.
...are valid and unimpeachable.--Ex parte State ex rel. Attorney General et al., 142 Ala. 87, 38 So. 835, 110 Am.St.Rep. 20; Walker v. State, 142 Ala. 7, 39 So. 242; Masterson v. Matthews, 60 Ala. 260; Norwood v. Louisville & N. R. Co., 149 Ala. 151, 42 So. 683. The motion to expunge and t......
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Glass v. City of Glencoe, Case No.: 4:17-cv-0026-JEO
...he participated, he is a de facto Judge or Justice, as the case may be, and his acts are valid and unimpeachable."); Walker v. State, 39 So. 242, 242 (Ala. 1905) (although state law creating judicial circuit was in violation of the Alabama constitution, the judge appointed as presiding......
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Polytinsky v. Johnston, 8 Div. 640.
...infirmity. It is hornbook law that courts must be held at the time (K. C., etc., Co. v. Randolph [Ala. Sup.] 39 So. 920; Walker v. State, 142 Ala. 7, 39 So. 242; Boynton v. Wilson, 46 Ala. 501; Simpson v. McDaniel, 42 Ala. 458) and place provided by law. Patton v. State, 160 Ala. 111; [1] 7......
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Ex parte Washington, 837
...727; Ex parte State ex rel. etc., 142 Ala. 87, 38 So. 835, 110 Am.St.Rep. 20; Sellers v. Smith, 143 Ala. 566, 39 So. 356; Walker v. State, 142 Ala. 7, 39 So. 42; Roberts v. State, 126 Ala. 74, 28 So. 741, 30 So. 554; 8 Am. & Eng.Ency.Law (2d Ed.) 781 et seq.; Id. 815 et seq.; Davis v. S......