Legal Opinion

Hughes v. State

Supreme Court of Alabama

Decided June 11, 1925No. 8 Div. 697PublishedCited by 10 opinions

1Opinion of the CourtAnderson, C. J.

The fact that the indictment was not signed by the solicitor before returned by the grand jury and filed in court did not invalidate the same. Teague v. State, 144 Ala. 42, 40 So. 312. Therefore, all motions or objections' based upon this point were properly overruled. It seems that after the indictment was filed and without the consent of the court, the solicitor signed his name to same. It is true, indictments cannot be amended, except in open court and with the consent of the defendant, but this was in no sense an amendment. It was but the gratuitous act of the solicitor which neither…

2Cases cited2 opinions

  1. Edwards v. StateSupreme Court of Alabama · 1920
  2. Teague v. StateSupreme Court of Alabama · 1906

3Cited by10 opinions

  1. Tooson v. StateCourt of Criminal Appeals of Alabama · 1975
  2. Mosley v. City of AuburnCourt of Criminal Appeals of Alabama · 1982
  3. Sisson v. StateCourt of Criminal Appeals of Alabama · 1987
  4. Wilson v. StateAlabama Court of Appeals · 1948
  5. Fuller v. StateAlabama Court of Appeals · 1937

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