
    Wilson vs. The State.
    The county’ court have jurisdiction and power to appoint an attorney ■pro tempore for the State, in the absence of the regular attorney general.
    The plaintiff in error, Wilson, was indicted at the January sessions, 1833, of the county court of Fentress county, for an assault and battery, and was convicted. The indictment was signed by William B. Richardson, as attorney general pro tempore. A motion was made to arrest the j udgment, and quash the indictment, because the said William B. Richardson was not duly and constitutionally appointed attorney general; which motion was overruled; and an appeal in error to this court. The record shows, that at the said January sessions of Fen. tress court of plégs mid quarter sessions, the following order was made, to wit: “William B. Campbell, attorney general for the fifth solicitorial district, being called and failing to attend, it is ordered that William B. Richardson be appointed attorney general pro tem. during the present term of this court; who took the oaths prescribed by law, and was permitted to enter upon the discharge of. the duties of his appointment.
    
      '■A. B. Lane and S. Turney, for pláintiff in error.
    
      J. D. M’Cormick, solicitor general, for the State. .
   Catron, Ch. J.

delivered the opinion of the court.

The only question presented by the record is, had the county court power to appoint a pro tempore attorney for the State? This court can only re affirm what it said in Douglass vs. The State, (6 Yerg. 528.)

That the act of 1817 provides for such a case, as the record sets forth, and that the State can employ counsel to do her business if the regular officer is unable to do so, or there be none, cannot be questioned: other corporations, the smallest, have such powers, and it is a strained assumption that the government wants it. íhe judgment will be affirmed.

Judgment affirmed.  