Morgan v. State
Supreme Court of Alabama
Error to tbe City Court of Mobile, Tried before tbe Hon. Alex. McKinstry. A grand jury of good and lawful men of tbe county for which, the court is held, shall be returned agreeably to law, at each term, who shall inquire and true presentments make of all crimes, &c., committed in their county, and such offences the court has jurisdiction to try, — Clay’s Dig. 294, § 32. An indictment, in its caption, must state the jurors by whom it was found. — Wheat. Crim.
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Error to tbe City Court of Mobile, Tried before tbe Hon. Alex. McKinstry. A grand jury of good and lawful men of tbe county for which, the court is held, shall be returned agreeably to law, at each term, who shall inquire and true presentments make of all crimes, &c., committed in their county, and such offences the court has jurisdiction to try, — Clay’s Dig. 294, § 32. An indictment, in its caption, must state the jurors by whom it was found. — Wheat. Crim. L. 63; McClure v. State, 1 Yerg„ 260; 1 Ch. Crim. L. 333; 5 How. Miss. 32;' Peck’s R. 140-66. If the caption omit to state that the…
1Opinion of the CourtChilton, J.
The first and principal objection to this indictment is, that in its commencement it states that ££ the grand jurors for the State of Alabama upon their oath present,” &c., instead of the averment that such grand jurors were elected, empannelled, SAvorn and charged to inquire for the body of Mobile county. The indictment conforms to the English common hw precedents, Avhich usually commenced, ££ the jurors for our Lord the King, upon their oath present,” &c. — 2 Chitty’s Crim. L. 1-2. In England, hoAvever, as in this country, the caption sIioaa's the court in which the proceedings Avere had,…
2Cases cited2 opinions
- State v. ClarksonSupreme Court of Alabama · 1842
- State v. LassleySupreme Court of Alabama · 1838
3Cited by8 opinions
- Noles v. StateSupreme Court of Alabama · 1854
- Lawson v. StateSupreme Court of Alabama · 1852
- State v. BuralliNevada Supreme Court · 1903
- Perkins v. StateSupreme Court of Alabama · 1874
- Goodloe v. StateSupreme Court of Alabama · 1877
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