Abernathy v. State
Supreme Court of Alabama
From the Circuit Court of Colbert. Tried before the Hon. IT. C. Speakk. The indictment in this case was found in September, 1885, and charged that the defendant “ unlawfully and feloniously took and carried away a gold watch, a gold chain, a gold brcast'pin, two gold bracelets, of the value of $300, the property — Mrs. Bettie Eldred ; against the peace,” &c.
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From the Circuit Court of Colbert. Tried before the Hon. IT. C. Speakk. The indictment in this case was found in September, 1885, and charged that the defendant “ unlawfully and feloniously took and carried away a gold watch, a gold chain, a gold brcast'pin, two gold bracelets, of the value of $300, the property — Mrs. Bettie Eldred ; against the peace,” &c. The defendant moved to quash the indictment, on the ground that it was not found by a grand jury legally'organized ; and because the act approved February 17th, 1885, under which the grand jurors were drawn and summoned, was…
1Opinion of the CourtClopton, J.
Prom the jurors drawn and summoned prior to the term of the court, a grand jury, consisting of fifteen persons, was organized. After the organization, the grand jury was reduced below the legal number, one of the members having been excused because of sickness in his family. To supply the deficiency thus occurring, the court made an order, that the sheriff summon two persons from the qualified citizens of the county. Pursuant to the order, two persons were summoned, whose names were written on separate slips of paper, which were placed in a hat, and therefrom the name of one was drawn, who…
2Cases cited1 opinion
- Herr v. SeymourSupreme Court of Alabama · 1884
3Cited by14 opinions
- Maxwell v. StateSupreme Court of Alabama · 1889
- State Ex Rel. Camp v. HerzbergSupreme Court of Alabama · 1932
- Board of Revenue v. CrowSupreme Court of Alabama · 1904
- People ex rel. Lockwood Honore v. OlsenIllinois Supreme Court · 1906
- Ex parte RobinsonSupreme Court of Alabama · 1895
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