Ex Parte Day

In January 1990, the grand jury of Blount County, Alabama, indicted John Albert DeCastro Day on 58 counts of violating Ala. Code 1975, § 8-6-17. Day petitioned this Court for a writ of mandamus ordering the Circuit Court of Blount County to vacate its November 27, 1990, order denying Day's motion to quash the indictment because of improper venue and to enter an order quashing it.

Section 8-6-17 reads:

"It is unlawful for any person, in connection with the offer, sale or purchase of any security, directly or indirectly, to:

"(1) Employ any device, scheme or artifice to defraud;

"(2) Make any…