Legal Opinion

Battle v. State

Supreme Court of Alabama

Decided December 15, 1875PublishedCited by 3 opinions

Appeal from Circuit Court of Madison. Tried before Hon. Louis Wyeth. The case is sufficiently stated in the opinion.

1Opinion of the CourtManning, J.

Appellant having been convicted of arson in the court below, moved in arrest of judgment for reasons set forth. The first three of these relate to the proceedings by which the grand jury was constituted. But these objec*94tions, even if some irregularities had intervened therein, eome too late after a plea of not guilty and verdict.—State v. Clarkson, 3 Ala. R. 378; Russell v. State, 33 id. 366; Horton v. State, 47. id. 58.

The record, however, shows that the foreman of the grand jury was appointed by the court; that it ordered that he “be sworn as foreman of said grand jury, which is accordingly…

2Cited by3 opinions

  1. Gann v. StateAlabama Court of Appeals · 1927
  2. McHenry v. StateSupreme Court of Alabama · 1965
  3. Bridges v. StateSupreme Court of Alabama · 1895

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