Osborn v. State
Supreme Court of Alabama
Appeal from St. Clair Circuit Court. Heard before Hon. A. H. Alston. Ed Osborn was convicted of murder in -the second degree and sentenced to ten years in the penitentiary, and he appeals. The record shows such fatal irregularities in the organization of the grand jury that the indictment will not sustain the conviction in the court below. — Nordan v. The State, 148 Ala. 18; Peters n.
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Appeal from St. Clair Circuit Court. Heard before Hon. A. H. Alston. Ed Osborn was convicted of murder in -the second degree and sentenced to ten years in the penitentiary, and he appeals. The record shows such fatal irregularities in the organization of the grand jury that the indictment will not sustain the conviction in the court below. — Nordan v. The State, 148 Ala. 18; Peters n. The State, 98 Ala. 38; Finley v. The State, 61 Ala. 201; Gross v. The State, 63 Ala. 40; Fryer v. The State, 41 South. 172; O’Byrne v. The State, 51 Ala. 25.
1Opinion of the CourtAnderson, J.
The grand jury contained 15 members, having been legally organized under section 5023 of the Code of 1896. ' When they appeared in court, and the foreman, J. L. Forman, was excused because of disqualification under section 5042, there were 14 grand jurors remaining, and the cburt erred in increasing the number to 15, and J. W. Allen was improperly added thereto. Not being a legal member of the grand jury, Indictments found and returned by said body while he was serving were void, and cannot support a conviction. After a grand jury has been once legally organized, and the number is…
2Cases cited1 opinion
- Nordan v. StateSupreme Court of Alabama · 1904
3Cited by8 opinions
- Doss v. StateAlabama Court of Appeals · 1929
- Smith v. StateAlabama Court of Appeals · 1948
- Spivey v. StateSupreme Court of Alabama · 1911
- Hafley v. StateAlabama Court of Appeals · 1913
- Wilson v. StateSupreme Court of Alabama · 1911
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