Akers v. Commonwealth

Pursuant to adjournment, on May 6th Judge Berkeley again appeared at the courthouse of Franklin county and the case was tried. After the jury had rendered an adverse verdict, the accused, for the first time, raised an objection to Judge Berkeley sitting, and moved to set the verdict aside on the grounds that he was not the judge of the Circuit Court of Franklin county; that no formal order had been entered by the regular judge of said court designating him to sit, nor had he been commissioned by the Governor for this purpose. The motion was overruled. This action constitutes the first assignment of error.