142 Ala. 32
Decided November 15, 1904
Supreme Court of Alabama · decided 1904-11-15
Appeal, from the Circuit Court of Madison. Tried before the Hon. Paul Speaks. The appellant in this case, Minerva Walker, was indicted for murder, was convicted of murder in the first degree, and sentenced to' the penitentiary for life. The indictment was preferred by the grand jury of the circuit court of Madison county at the February term of 1904, of said court, and the case was tried at the same term of the court.
Cited by 1 later decisions — most recently April 1914
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1904-11-15
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¶1The 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.
¶2Appeal dismissed.