40 Tenn. 690 | Tenn. | 1859
delivered the opinion of the Court.
The plaintiff in error was presented for unlawful gaming, at the October Term of-the Circuit Court of DeKalb, for 1858. That term of the court was held by John P. Murry, who had been appointed by the Governor to fill the vacancy occasioned by the death of the Honorable John L. Goodall, until the election was made by the people. - At the February Term, 1859, upon his arraignment he filed a plea in abatement, that the said John P. Murry, who presided at the term of the court at which he was presented under the pro tern, appointment of the Governor, was under thirty years of age, and therefore not competent to exercise the functions of a Judge of the Circuit Courts, in this State. A demurrer to this plea was sustained by the court, and that is the error assigned for reversal.
It is true the constitution requires a Circuit Judge to be thirty years of age. But if the appointing power confers the
The presentment was made at a term held by Judge Murry, but the arraignment and plea was at the next term, before Judge Eite, who had been regularly elected and commissioned Judge of that Circuit.
We think the judgment sustaining the demurrer was right, and it is affirmed.