Preston v. State
Supreme Court of Alabama
From the Circuit Court of Lee. Tried before the Hon. James E. Cobb. The indictment in this case charged, that the defendant “ carried a pistol concealed about his person.” There was no demurrer to the indictment, nor any plea in abatement; and the trial was had on issue joined on the plea of not guilty.
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From the Circuit Court of Lee. Tried before the Hon. James E. Cobb. The indictment in this case charged, that the defendant “ carried a pistol concealed about his person.” There was no demurrer to the indictment, nor any plea in abatement; and the trial was had on issue joined on the plea of not guilty. “ On the trial,” as the bill of exceptions states, “there was evidence that the defendant was one of the participators • in a school exhibition; that the part assigned to him, in one of the plays, was a dialogue with another person, wherein it was required that he should have a pistol; that…
1Opinion of the CourtManning, J.
Appellant was indicted for carrying a pistol concealed about his person.
The objection of illegality, because it is not declared in the record that the names of the persons who were summoned to serve as grand jurors were drawn by the officers to whom the law committed that duty, cannot be sustained. The process of this drawing is never entered on the minutes *129of the court. That act is performed some time before the term of the court begins. When the court is opened, the persons summoned by the sheriff, and named in the venire previously issued, which he brings with his return thereof into…
2Cited by4 opinions
- Anderson v. StateCourt of Appeals of Maryland · 1992
- Hagenow v. PeopleIllinois Supreme Court · 1900
- Strahan v. StateMississippi Supreme Court · 1890
- Ex parte LawlerSupreme Court of Alabama · 1913