McMullen v. State
Alabama Court of Appeals
Appeal from Circuit Court, Lauderdale County; C. P. Almon, Judge. Memory McMullen was convicted of manufacturing prohibited liquors, and he appeals. Counsel discuss errors insisted upon, relative to the admission and exclusion of evidence, but do not brief the subject discussed in the opinion. Counsel for the state admit the invalidity of the indictment, but suggest that the cause be reversed, and the defendant held until discharged by due process of law.
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.”
[1, 2] The indictment, under the laws of this state, is an indispensable constituent of the record; and before a defendant can be arraigned and put on his trial for a felony, the record must disclose an indictment that it is the finding of a grand jury, duly organized in the mode prescribed by law, and by them returned into…
2Cases cited7 opinions
- Bibb v. StateSupreme Court of Alabama · 1887
- Miller v. StateAlabama Court of Appeals · 1918
- Howard v. StateAlabama Court of Appeals · 1920
- State v. . Chaney WiseSupreme Court of North Carolina · 1872
- Dentler v. StateSupreme Court of Alabama · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- City of Dothan v. HollowaySupreme Court of Alabama · 1986
- Savage v. StateAlabama Court of Appeals · 1921
- Hill v. StateAlabama Court of Appeals · 1956
- Strickland v. StateCourt of Criminal Appeals of Alabama · 1973
- Thorn v. StateAlabama Court of Appeals · 1957
9 more not listed; retrieve them via the Exa API.