Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

Hosea THORN v. STATE.

CATES, Judge.

The general way to accuse a man of a felony is by indictment, Amendment XXXVII, Constitution, which replaced Section 8 thereof. To be an indictment, the accusation must be a writing "presented" by a grand jury. Code 1940, T. 15, § 228, McGee Crim.Proc. in Alabama, pp. 87 and 88. Being formulary acts, its mode of presentment and its indorsement as a true bill prescribed by law (Code 1940, T. 15, § 250, and T. 30, § 89) are mandatory, McMullen v. State, 17 Ala. App. 504, 86 So. 175; Roan v. State, 225 Ala. 428, 143 So. 454 (dictum).

The purported indictment in the record here is only an accusation of assault with intent to murder subscribed by the solicitor without the indorsement "a true bill," and for the want thereof does not support the judgment, Gould v. State, 29 Ala. App. 57, 191 So. 402, see also Dowdy v. State, 24 Ala. App. 333, 134 So. 896, for a list of other cases. 30 A.L.R. 721 notes that our view conforms to that held in most states.

Reversed and remanded.

Use AI to get other relevant cases.

Comments

THORN v. STATE
(Sep 20, 1957)