Bryant v. State
Supreme Court of Alabama
Prom the Circuit Court of Barbour. Tried before the Hon. John M. Chilton. The defendant in this case was indicted for the larceny of 300 lbs. of seed-cotton and 250 lbs. of lint-cotton. “On the trial,?’ as the bill of exceptions states, “the defendant moved, to quash the indictment, because there was no legal evidence before the grand jury which found it, as to the commission of the offense charged.”
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Prom the Circuit Court of Barbour. Tried before the Hon. John M. Chilton. The defendant in this case was indicted for the larceny of 300 lbs. of seed-cotton and 250 lbs. of lint-cotton. “On the trial,?’ as the bill of exceptions states, “the defendant moved, to quash the indictment, because there was no legal evidence before the grand jury which found it, as to the commission of the offense charged.” On the trial of this motion, one McLane was examined as a witness, who was the only witness before the grand jury, and who stated that his testimony was in 'substance as follows: that he had the…
1Opinion of the CourtSomeryille, J.
The general ruléis, that the refusal of a presiding judge to quash an indictment is not.revisable in this court on error.—State v. Jones, 5 Ala. 666; 1 Bish. Cr. Proc. (3d Ed.), § 761; Nixon v. The State, 68 Ala. 535. Admitting, however, that the. present case belongs to a class constituting an exception to this rule, we are of opinion that the motion to quash was properly overruled. The record does not present a case where the indictment was found by the *283grand jury without any evidénce of witnesses, which is often held to be good ground for quashing. The effort is merely to institute an…
2Cases cited3 opinions
- Sparrenberger v. StateSupreme Court of Alabama · 1875
- Nixon v. StateSupreme Court of Alabama · 1881
- State v. JonesSupreme Court of Alabama · 1843
3Cited by12 opinions
- Hall v. StateSupreme Court of Alabama · 1901
- Whittle v. StateSupreme Court of Alabama · 1921
- State v. ChanceNew Mexico Supreme Court · 1923
- Carl v. StateSupreme Court of Alabama · 1899
- Johnson v. StateSupreme Court of Alabama · 1901
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