Legal Opinion

Currier v. State

Alabama Court of Appeals

Decided June 30, 1938No. 8 Div. 707Published

1Opinion of the Court

RICE, Judge.

Appellant was convicted of the offense denounced by Code 1928, Sec. 1397 (145)— obstructing public road.

We do not find that the record discloses any ruling on appellant’s motion to quash the indictment — hence there is nothing for us to consider in that regard. Holt v. State, 26 Ala.App. 233, 157 So. 449. We might observe, however, that where, as here, it appears that “witnesses appeared before the grand jury, all of whom were duly sworn, and gave evidence in this particular investigation which resulted in the finding [of the indictment],” no inquiry “into the sufficiency of the…

2Cases cited4 opinions

  1. Central of Georgia Ry. Co. v. FaulknerSupreme Court of Alabama · 1927
  2. Holt v. StateAlabama Court of Appeals · 1934
  3. Lee v. StateAlabama Court of Appeals · 1933
  4. Whitman v. StateAlabama Court of Appeals · 1924

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