Fryer v. State
Supreme Court of Alabama
Appeal from Monroe Circuit Court. Heard before Hon John T. Laokland. The defendant was charged with unlawfully and with malice aforethought killing Julius Wheeler by shooting him with a gun or by cutting him with a knife, and it appears from the face of the indictment that it was preferred at an adjourned term of the circuit court of Monroe county.
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Appeal from Monroe Circuit Court. Heard before Hon John T. Laokland. The defendant was charged with unlawfully and with malice aforethought killing Julius Wheeler by shooting him with a gun or by cutting him with a knife, and it appears from the face of the indictment that it was preferred at an adjourned term of the circuit court of Monroe county. Motion was made to quash the indictment on the ground that it was preferred by an illegally organized grand jury and by a grand jury organized and held at a time not allowed by law. Motion to quash was overruled, and on trial the defendant was…
1Opinion of the CourtTyson, J.
The indictment upon which this defendant was conAucted was preferred by a grand jury organized at an adjourned term of the court, after discharge of the former grand jury which Avas organized at the previous session of the same term. The only authority for organizing a second grand jury at the same term of the court (and an adjourned term is but a prolongation of the regular term) is conferred by section 5000 of the code of 1896, AAdiich is as folloAvs: “When any indictabloffense is committed during the session of the court and after the grand jury has been discharged, the court may in its…
2Cases cited3 opinions
- Oakley v. StateSupreme Court of Alabama · 1902
- O'Byrnes v. StateSupreme Court of Alabama · 1874
- O'Brien v. StateSupreme Court of Alabama · 1890
3Cited by14 opinions
- Doss v. StateAlabama Court of Appeals · 1929
- Clemons v. StateSupreme Court of Alabama · 1910
- State v. HainesSupreme Court of New Jersey · 1955
- Wilson v. United StatesCourt of Appeals for the Eighth Circuit · 1935
- Smith v. StateAlabama Court of Appeals · 1948
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