Sanders v. State
Alabama Court of Appeals
Appeal from Dallas Circuit Court, Heard before Hon. B. M. Miller. Arthur Sanders was convicted of murder in the second degree, and he appeals. The original indictment is in words and figures as follows: “The grand jury of said county charged that, before the finding of this indictment, Levi Sanders, alias Levi Zanders, and Arthur Sanders, alias Arthur Zanders, unlawfully and with malice aforethought killed Jeffy Lewis by shooting him with a gun, against,” etc.
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Appeal from Dallas Circuit Court, Heard before Hon. B. M. Miller. Arthur Sanders was convicted of murder in the second degree, and he appeals. The original indictment is in words and figures as follows: “The grand jury of said county charged that, before the finding of this indictment, Levi Sanders, alias Levi Zanders, and Arthur Sanders, alias Arthur Zanders, unlawfully and with malice aforethought killed Jeffy Lewis by shooting him with a gun, against,” etc. The motion to strike and quash the indictment must be granted. The word “aforethought” is essential and cannot be supplied by…
1Opinion of the Court
de GRAFFENRIED, J.
In the case of Noles v. State, 24 Ala. 672, the Supreme Court, in upholding a form of indictment prescribed by the Code, said that when the Code prescribes a form, or specially directs what shall be prescribed in an indictment for a particular class of offenses, “the proper course is for the pleader to adopt the form or pursue the special directions thus- given.”— Elam v. State, 25 Ala. 53.
■This necessity is due to the terseness, and, in many instances, the broad, general terms employed by the Code form in expressing the crime charged in the indictment. The history of the…
2Cases cited11 opinions
- Noles v. StateSupreme Court of Alabama · 1854
- Oliver v. StateSupreme Court of Alabama · 1850
- Griffith v. StateSupreme Court of Alabama · 1891
- Grant v. StateSupreme Court of Alabama · 1876
- Kilgore v. StateSupreme Court of Alabama · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Sanders v. StateSupreme Court of Alabama · 1965
- Deloney v. StateSupreme Court of Alabama · 1932
- Cook v. StateCourt of Criminal Appeals of Alabama · 1977
- Tomlin v. StateCourt of Criminal Appeals of Alabama · 1979
- Mitchell v. StateAlabama Court of Appeals · 1938
16 more not listed; retrieve them via the Exa API.