Prince v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. Tried before the Hon. John C. Anderson. The appellant in this case, Albert Prince, was indicted, tried and convicted for unlawfully or wantonly killing three cows of the value of one hundred dollars, the personal property of Johnston S. Kyall. The indictment was signed by “Benjamin F. Elmore, solicitor of the First Judicial Circuit of Alabama.” It was endorsed “a true bill,” and was signed by the foreman of the grand jury.
Read the full summary
Appeal from the Circuit Court of Marengo. Tried before the Hon. John C. Anderson. The appellant in this case, Albert Prince, was indicted, tried and convicted for unlawfully or wantonly killing three cows of the value of one hundred dollars, the personal property of Johnston S. Kyall. The indictment was signed by “Benjamin F. Elmore, solicitor of the First Judicial Circuit of Alabama.” It was endorsed “a true bill,” and was signed by the foreman of the grand jury. The defendant demurred to tire indictment upon tbe ground that while it purported to be signed by Benjamin PI Elmore, it was not,…
1Opinion of the Court
TYSON, J.-
It was not essential to the validity of the indictment that it should have been prepared or signed by the solicitor. It “receives its legal efficacy from the finding and return of the grand jury; and the legal evidence of its verity is the return ‘A true bill,’ apparent upon some part of it bearing the signature of the foreman.”—Holly v. State, 75 Ala. 14; Joyner v. State, 78 Ala. 448. Assuming the efficacy of the demurrer interposed to raise this point, it Avas Avithout merit. -Of course, if it was abortive in this respect the same conclusion would follow. It also appears that the…
2Cases cited5 opinions
- Holley v. StateSupreme Court of Alabama · 1883
- Scott v. StateSupreme Court of Alabama · 1895
- Joyner v. StateSupreme Court of Alabama · 1885
- Meadows v. StateSupreme Court of Alabama · 1902
- Thompson v. StateSupreme Court of Alabama · 1880
3Cited by9 opinions
- Teague v. StateSupreme Court of Alabama · 1906
- Murray v. StateSupreme Court of Alabama · 1924
- Griffin v. StateAlabama Court of Appeals · 1928
- Holt v. StateAlabama Court of Appeals · 1918
- Brigman v. StateAlabama Court of Appeals · 1913
4 more not listed; retrieve them via the Exa API.