Holley v. State
Supreme Court of Alabama
Appeal from Tuscaloosa Circuit Court. Tried before Hon. Joma Moore. Scip ITolley, the defendant in the court below, appellant here, was indicted for the murder of Luther Sealley, and was convicted of murder in the first degree, and sentenced to be hung.
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Appeal from Tuscaloosa Circuit Court. Tried before Hon. Joma Moore. Scip ITolley, the defendant in the court below, appellant here, was indicted for the murder of Luther Sealley, and was convicted of murder in the first degree, and sentenced to be hung. The only eye-witness to the killing .examined on behalf of the State, so far as disclosed by the bill of exceptions, was Howard Sealley, the father of the deceased, whose testimony was, in substance, as follows: On the 19th January, 1884-, between ’ eleven and twelve o’clock in the forenoon, the deceased received a gun-shot wound, “the gun at…
1Opinion of the Court
BRIOKELL, O. J.
1. The objection taken to the indictment can not be sustained. An indictment receives its legal efficacy from the finding and return of the grand jury; and the legal evidence of its verity is the return “ a true bill,” apparent upon some part of it, bearing the signature of the foreman. The signature of the solicitor, with a designation of the circuit in which he is the law-officer of the State, is proper, but it is not essential to its authentication or sufficiency.—Ward v. State, 22 Ala. 16 ; Harrall v. State, 26 Ala. 52. The present indictment bears the signature of *18the…
2Cases cited5 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- Oliver v. StateSupreme Court of Alabama · 1850
- Harrall v. StateSupreme Court of Alabama · 1855
- Harrison v. StateSupreme Court of Alabama · 1854
- Ward v. StateSupreme Court of Alabama · 1853
3Cited by37 opinions
- Caldwell v. StateSupreme Court of Alabama · 1919
- Andrews v. StateSupreme Court of Alabama · 1909
- Mitchell v. StateSupreme Court of Alabama · 1891
- Lemley v. StateCourt of Criminal Appeals of Alabama · 1992
- Watkins v. StateSupreme Court of Alabama · 1889
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