Perkins v. State
Supreme Court of Alabama
From the City Court of Eufaula. Tried before the Hon. E. M. Keils. The indictment in this case was in these words: — “ The State of Alabama, Barbour County. ) \ Eufaula City Court, June Term, 1873. “ The grand jury of said court charge, that, before the finding of this indictment, T. J. Perkins engaged in, or carried on the business or profession of a commission-merchant, without a license, and contrary to law ; against the peace,” &c.
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From the City Court of Eufaula. Tried before the Hon. E. M. Keils. The indictment in this case was in these words: — “ The State of Alabama, Barbour County. ) \ Eufaula City Court, June Term, 1873. “ The grand jury of said court charge, that, before the finding of this indictment, T. J. Perkins engaged in, or carried on the business or profession of a commission-merchant, without a license, and contrary to law ; against the peace,” &c. The indictment was regularly indorsed by the foreman of the grand jury, and marked by the clerk “ Filed in office, June 19, 1873.” The defendant demurred to…
1Opinion of the CourtBrickell, J.
The objection urged to the indictment, that on its face it purports to have been found by “ the grand jury of said court,” instead of said county, cannot-be sustained. Onice v. State, at the present term. The caption of an indictment is that entry of record, showing when and where the court is held, who presided as judge, the venire, and who were summoned and sworn as grand jurors; and the caption is applicable to, or is a part of every indictment, and need not be inserted therein. Reeves v. State, 20 Ala. 33; Harrington v. State, 36 Ala. 236. If the caption, or any part thereof, is inserted…
2Cases cited9 opinions
- Lawson v. StateSupreme Court of Alabama · 1852
- Harrington v. StateSupreme Court of Alabama · 1860
- Moore v. StateSupreme Court of Alabama · 1849
- Reeves v. StateSupreme Court of Alabama · 1852
- Carter v. StateSupreme Court of Alabama · 1870
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bonner v. StateSupreme Court of Alabama · 1876
- United States v. TaylorDistrict Court, D. Kansas · 1882
- Amos v. StateSupreme Court of Alabama · 1883
- Warren v. StateSupreme Court of Alabama · 1916
- Collins v. StateAlabama Court of Appeals · 1912
8 more not listed; retrieve them via the Exa API.