Goodloe v. State
Supreme Court of Alabama
From the Circuit Court of Colbert. Tried before the Hon. W. B. Wood. The record in this ease is very defective, and the return to a certiorari, which was granted on motion of the Attorney-General, does not remedy the defects.
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From the Circuit Court of Colbert. Tried before the Hon. W. B. Wood. The record in this ease is very defective, and the return to a certiorari, which was granted on motion of the Attorney-General, does not remedy the defects. It shows that, at the Fall term, 1868, of the Circuit Court of Franklin, an indictment for arson was found against Jack Mhoon and twelve other persons ; that at the Fall term, 1873, the said defendant not having been arrested, the indictment was, by order of 'the Circuit Court of Colbert, withdrawn and filed; that the defendant was arrested on the 15th March, 1875, under…
1Opinion of the CourtStone, J.
In Reeves v. The State, 20 Ala. 33, Ch. J. Dargan said : “ The caption of an indictment is that entry of record showing when and where the court is held, who presided as judge, the venire, and who were summoned and sworn as grand jurors; and this caption is applicable to, or is a part of every indictment, and need not be again repeated in any part of the indictment.” This doctrine had been substantially affirmed in several decisions. — See State v. Lapsley, 7 Por. 526; State v. Murphy, 9 Por. 487; Morgan v. The State, 19 Ala. 556; Noles v. The State, 24 Ala. 672; Rose v. The State, Minor, 28.…
2Cases cited9 opinions
- Noles v. StateSupreme Court of Alabama · 1854
- Harrington v. StateSupreme Court of Alabama · 1860
- Paris v. StateSupreme Court of Alabama · 1860
- State v. ClarksonSupreme Court of Alabama · 1842
- Russell v. StateSupreme Court of Alabama · 1859
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Flanigan v. StateSupreme Court of Alabama · 1946
- Rose v. StateSupreme Court of Alabama · 1897
- Maloy v. StateAlabama Court of Appeals · 1930
- Williams v. StateSupreme Court of Alabama · 1911
- Johnson v. StateAlabama Court of Appeals · 1935
1 more not listed; retrieve them via the Exa API.