Pendleton v. State

HARRIS, Judge.

Appellant was put to trial upon an indictment which, omitting the formal parts, reads as follows:

“The Grand Jury of said County charges that, 'before the finding of this indictment, EUGENE BIZELL PENDLETON, JR., whose name is otherwise unknown to the Grand Jury, and unlawfully, and with malice aforethought, killed Bobby Alvin Duke, Jr., against the peace and dignity of the State of Alabama.” (Emphasis added.)

Under the view we take of this case it is not necessary to review the evidence and the rulings of the Court. This indictment fails to set forth the quo modo of the homicide.

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