Ex Parte State

The reversal of the judgment of conviction in this case by the Court of Appeals appears to be rested upon two rulings of the trial court. The first, upon motion to quash the indictment, upon the refusal of the trial court to require or allow the stenographer, who was present and noted the evidence in the grand jury room, to refer to his notes in testifying as to what the witnesses testified before the grand jury. Upon this question, this court in Sparrenberger v. State, 53 Ala. 481, 25 Am. Rep. 643, said:

"When it appears witnesses were examined by the grand jury, or the jury had before them…