Jordan v. State

BOULDIN, Justice.

In Ganaway v. State, 22 Ala. 772, this court, by majority opinion, held the inherent power of the court to preserve its records by substitution of lost records on clear proof, did not apply to a lost indictment. The views of the Justices are expressed in three opinions. The chance for mistake in parol proof on so vital a matter was stressed. For the prevailing rule, see 31 C.J. 596, [§ 70] 2.

In Bradford v. State, 54 Ala. 230, 231, the indictment disappeared during the trial. In such case, it was held a proven copy could be substituted, and the trial proceed thereon. The…