Hale v. State
Alabama Court of Appeals
Appeal from Jefferson Criminal Court. Heard before Hon. S. E. Greene. Will Hale was convicted of murder in the second degree, and appeals. Motion to quash the indictment was based on the ground that the grand jury which returned the indictment was not drawn in the manner required by law, the motion pointing out the objections, and also on the ground that the law under which the grand jury was drawn and impaneled is unconstitutional and void.
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Appeal from Jefferson Criminal Court. Heard before Hon. S. E. Greene. Will Hale was convicted of murder in the second degree, and appeals. Motion to quash the indictment was based on the ground that the grand jury which returned the indictment was not drawn in the manner required by law, the motion pointing out the objections, and also on the ground that the law under which the grand jury was drawn and impaneled is unconstitutional and void. The grounds for motion to quash the venire sufficiently appear from the opinion. The defendant introduced a showing for Bud Wingo, one of his absent…
1Opinion of the CourtThomas, J.
The appellant, who was indicted for murder in the first degree, pleaded not guilty on arraignment. Subsequent, and on the day of his trial, he filed a motion to quash'the indictment on a ground going to the formation of the grand jury that returned the indictment. The court committed no error in overruling the motion, and this for two reasons: Section 23 of the jury law (Acts Sp. Sess. 1909, p. 315) requires, in mandatory terms, in the first place, that such an objection to an indictment must be taken only by a plea in abatement, and, in the second place, it likewise requires that such plea…
2Cases cited5 opinions
- Morris v. StateSupreme Court of Alabama · 1854
- Spivey v. StateSupreme Court of Alabama · 1911
- Paul v. Malone & CollinsSupreme Court of Alabama · 1888
- Williams v. StateSupreme Court of Alabama · 1893
- Morgan v. StateAlabama Court of Appeals · 1913
3Cited by14 opinions
- Ellis v. StateSupreme Court of Alabama · 1943
- Owen v. StateSupreme Court of Alabama · 1951
- Cunningham v. StateAlabama Court of Appeals · 1915
- Brackin v. StateCourt of Criminal Appeals of Alabama · 1982
- Peyton v. StateAlabama Court of Appeals · 1960
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