Hanners v. State
Alabama Court of Appeals
Appeal from Circuit Court, Dale County; J. S. Williams, Judge. Albert Planners was charged with murder in the first degree, convicted of manslaughter in the first degree, and he appeals. Counsel discuss the various exceptions to evidence and to charges given and refused, with citation of authority, but in view of the opinion it is not deemed necessary to here set them out.
1Opinion of the CourtBricken, P. J.
The indictment does not show authentication as provided by Code 1907, § 7300, which reads:
“The concurrence of at least twelve grand jurors is necessary to find an indictment; and when so found, it must be indorsed ‘a true bill’ and the indorsement signed by the foreman.”
For the failure of the indictment to bear this necessary indorsement, it is not a valid indictment and will not support a judgment of conviction. This identical question has been decided, as here, in the following cases: Memory McMullen v. State, ante, p. 504, 86 South. 175; Whitley v. State, 166 Ala. 42, 52 South. 203; Bilbo…
2Cases cited8 opinions
- Joyner v. StateSupreme Court of Alabama · 1885
- Coburn v. StateSupreme Court of Alabama · 1907
- Whitley v. StateSupreme Court of Alabama · 1910
- Wilson v. StateSupreme Court of Alabama · 1900
- McMullen v. StateAlabama Court of Appeals · 1920
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3Cited by4 opinions
- Dunn v. StateAlabama Court of Appeals · 1922
- Honeycutt v. StateAlabama Court of Appeals · 1926
- Layton v. StateAlabama Court of Appeals · 1929
- Sanford v. StateAlabama Court of Appeals · 1935