Thornton v. State
Alabama Court of Appeals
Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Howard Tbornton was convicted of rape, and lie appeals.
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Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Howard Tbornton was convicted of rape, and lie appeals. The motion to quash preceded the plea, and was, therefore, timely. — 135 Ala. 15. The court erred in sustaining demurrers to defendant’s plea-in abatement. — Spivey v. The State 56 So. 233; Section 35, Acts 1909, p. 316. The caption of the indictment was not sufficient to sustain the same. — Carmichael v. Matthews, 134 Ala. 210. The motion to quash was properly overruled and demurrer sustained to the plea of abatement. — Section 23, Acts 1909, 315. The indictment was…
1Opinion of the Court
WALKER. P. J.
The indictment in this case was found by a grand jury organized at a term of the circuit court of Coffee county, held at Elba, under the terms of the “act to provide for holding terms of the circuit court of Coffee county twice each year at both Elba and Enterprise in said county,1” etc. Acts Special Session 1909, p. 127. By motion to quash, and also by plea in abatement the defendant suggested as an objection to the indictment that the jury box from which 'the names of the persons were drawn who were impaneled into a grand jury was kept in the office of the judge of probate of…
2Cases cited1 opinion
- Spivey v. StateSupreme Court of Alabama · 1911
3Cited by4 opinions
- Swain v. StateAlabama Court of Appeals · 1913
- Askew v. StateAlabama Court of Appeals · 1912
- White v. StateAlabama Court of Appeals · 1916
- Jones v. StateSupreme Court of Alabama · 1913