Crandall v. State
Alabama Court of Appeals
Appeal from Baldwin Circuit Court. Heard before Hon. Samuel B. Br'owne. From a conviction of assault with intent to murder Jordan Crandall appeals. The indictment was subject to the pleas interposed, and should have been quashed. — Gochran v. The State, 89 Ala. 40. The curative effect of section 23, Acts 1909, p. 305, cannot save the indictment.
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Appeal from Baldwin Circuit Court. Heard before Hon. Samuel B. Br'owne. From a conviction of assault with intent to murder Jordan Crandall appeals. The indictment was subject to the pleas interposed, and should have been quashed. — Gochran v. The State, 89 Ala. 40. The curative effect of section 23, Acts 1909, p. 305, cannot save the indictment. The grand jury was composed of several unauthorized persons, and the indictment is therfore, invalid. — Osborn v. The State, 154 Ala. 44; Jordan r. The State, 143 Ala. 13; Spivey v. The State, 56 S'o. 252; Frier v. The State, 146 Ala. 4; Tucker v. The…
1Opinion of the Court
db GRAFFENRIED, J.
The appellant was indicted for assault with intent to murder, Avas tried by a jury and convicted, and from the judgment of conviction appeals.
The only matter presented for our determination relates to the manner in which the grand jury which preferred the indictment was organized. It appears that at the term preceding the term at Avhich the indictment was found the presiding judge drew from the jury box the names of 50 persons to supply the juries, grand and petit, at the following term. At the following term, after hearing the excuses of the persons so drawn and summoned,…
2Cases cited1 opinion
- City of Gadsden v. StrotherSupreme Court of Alabama · 1911
3Cited by1 opinion
- Mathes v. StateAlabama Court of Appeals · 1911