Supreme Court of Georgia August 15, 1878 (Small v. State)

Jackson, Justice.

In the case of The State vs. Small, at a special term of the superior court to try criminal cases, convened by Judge Tompkins under section 3245 of the Code, Judge Johnson presiding, held that he had no authority under said section to preside, and having tried the defendant for murder, and the jury having found him guilty of voluntary manslaughter, on motion of defendant he