Ex parte Winston
Supreme Court of Alabama
This was an application for certiorari and habeas corpus, based on tbe following facts: At tbe Fall term, 1874, of tbe circuit court of Lowndes county, the petitioner was indicted for an assault with intent to murder. The indictment was returned into court, indorsed by the foreman of the grand jury, “a true bill,” but the clerk failed to indorse it “filed,” and date and sign the indorsement.
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This was an application for certiorari and habeas corpus, based on tbe following facts: At tbe Fall term, 1874, of tbe circuit court of Lowndes county, the petitioner was indicted for an assault with intent to murder. The indictment was returned into court, indorsed by the foreman of the grand jury, “a true bill,” but the clerk failed to indorse it “filed,” and date and sign the indorsement. R. C. § 4148. At the Spring term, 1875, the defendant appeared, pleaded “ not guilty,” and proceeded to trial before a jury. During the trial, the counsel for petitioner called the attention of the court…
1Opinion of the CourtBrickell, C. J.
It is not necessary to inquire whether at common law, or according to the practice observed in this State prior to the Code, any entry on the minutes of the court of the return and filing in court of an indictment was essential to its authenticity. The petitioner does not appear to have been in custody at the finding of the indictment, and the statute is positive in it.s inhibition of any entry on the minutes showing its finding. The only, duty of the clerk in reference to it was that which .pertains to every paper, regularly introduced into court as a part of its record, the indorsement…
2Cases cited7 opinions
- Mose v. StateSupreme Court of Alabama · 1860
- State v. ClarksonSupreme Court of Alabama · 1842
- Russell v. StateSupreme Court of Alabama · 1859
- Wright v. StateIndiana Supreme Court · 1855
- Franklin v. StateSupreme Court of Alabama · 1856
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Roan v. StateSupreme Court of Alabama · 1932
- Ex Parte ThomasSupreme Court of Alabama · 1984
- Lucas v. StateSupreme Court of Alabama · 1905
- Wimbush v. StateSupreme Court of Alabama · 1939
15 more not listed; retrieve them via the Exa API.