Ex parte Ross
Supreme Court of Alabama
Original petition in the Supreme Court. Petition by Mike Ross for mandamus directed to J. J. Curtis, as Judge of the Circuit Court for Walker County, seeking to compel him to overrule the demurrer of the state to a plea in abatement filed by petitioner to an indictment pending against him in said court.
Read the full summary
Original petition in the Supreme Court. Petition by Mike Ross for mandamus directed to J. J. Curtis, as Judge of the Circuit Court for Walker County, seeking to compel him to overrule the demurrer of the state to a plea in abatement filed by petitioner to an indictment pending against him in said court. The indictment charges petitioner with an assault with intent to murder, and the plea in abatement shows, in substance, as follows: Petitioner was indicted in August, 1912. During May previously he had been arrested on a warrant regularly issued by a justice of the peace, charging him with the…
1Opinion of the CourtSomebville, J.
The petitioner’s theory is that the judgment of the committing magistrate by which he was bound over to answer any indictment that might be found against him by the grand jury of the law and equity court gave jurisdiction of his alleged offense to *18that court in such sense as to exclude the circuit court ■—though of coordinate jurisdiction—from entertaining-jurisdiction of any prosecution for the same offense; which assumes, of course, that the grand jury of that court was without authority to return an indictment therefor.
Counsel for petitioner cite no authority which gives any color of…
2Cases cited4 opinions
- Bell v. StateSupreme Court of Alabama · 1896
- Ex parte WattersSupreme Court of Alabama · 1913
- Ex parte RobinsonSupreme Court of Alabama · 1895
- State v. VaughanSupreme Court of Alabama · 1898