Legal Opinion

Harrison v. State

Supreme Court of Alabama

Decided December 15, 1876PublishedCited by 4 opinions

Feom the City Court of Selma. Tried before the Hon, JoNA, HaraIsoN. The indictment in this case, which charged the defendant with tbe larceny of a bog, tbe personal property of Ales.

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Feom the City Court of Selma. Tried before the Hon, JoNA, HaraIsoN. The indictment in this case, which charged the defendant with tbe larceny of a bog, tbe personal property of Ales. H. Averett, is shown by tbe record to bave been found by a grancHury, regularly impannelled, at a regular term of tbe City Court of Selma; but it was entitled thus: “ State of Alabama, Dallas county; City Court, January term, 1877.” Tbe defendant demurred to tbe indictment, “on tbe ground that it does not sufficiently set forth the name of the court, in this: that it styles the court ‘City Court,’ when the true…

1Opinion of the Court

MANNING, J. —

Tbe objection tbat tbe name of tbe court in wbieb an indictment is found is not set forth at length in tbe indictment, or in tbe beading thereof, is not well taken. Tbe previous part of tbe record, showing tbe organization of tbe court, and tbe impannelling of tbe grand jury, whose foreman indorses “a true bill,” and bis name as foreman, on tbe indictment, “is applicable to, or is a part of every indictment, and need not be inserted therein.” — Perkins v. The State, 50 Ala. 154, and cases there cited.

2. No grounds are shown for objection to tbe admission of defendant’s statements…

2Cases cited1 opinion

  1. Perkins v. StateSupreme Court of Alabama · 1874

3Cited by4 opinions

  1. Planters' & Merchants' Insurance v. TunstallSupreme Court of Alabama · 1882
  2. United States v. CoppersmithUnited States Circuit Court · 1880
  3. United States v. SimsDistrict Court, N.D. Alabama · 1907
  4. State v. SurlesSupreme Court of North Carolina · 1949

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