Legal Opinion

Hall v. State

Supreme Court of Alabama

Decided November 15, 1901PublishedCited by 56 opinions

Appeal from tibie Circuit Court of 'Marshall. Tried bfeore the Hon. J. A. Bilbko. The appellant Beauregard C. Hall, was indicted, tried and convicted for the seduction of Pearl Pritchett, and was sentenced to the penitentiary for ten years. It is insisted on this appeal that the grand jury which found the bill wa,s illegally organized. The facts relating to the organization of the grand jury are sufficiently stated in the opinion.

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Appeal from tibie Circuit Court of 'Marshall. Tried bfeore the Hon. J. A. Bilbko. The appellant Beauregard C. Hall, was indicted, tried and convicted for the seduction of Pearl Pritchett, and was sentenced to the penitentiary for ten years. It is insisted on this appeal that the grand jury which found the bill wa,s illegally organized. The facts relating to the organization of the grand jury are sufficiently stated in the opinion. The.defendant moved the court to quash the indictment upon the following grounds: “1. Because twelve grand jurors did not concur in finding tire bill. 2. Because"…

1Opinion of the Court

TYSON, J

No objection was- taken- to the organization of the grand jury, in the court below, that preferred the indictment upon which the defendant was convicted. But this is of no consequence, if the illegality of its organization affirmatively appears in the record, since this court would be compelled to take the point *111as no valid conviction! can be based upon a void indictment. — Finley v. State, 61 Ala. 201. The record dis1 closes t-liat the number drawn to serve on the grand jury Avas eighteen. That only fifteen of this number appeared and that by reason of an excuse alloAved by the…

2Cases cited20 opinions

  1. Acklen's v. HickmanSupreme Court of Alabama · 1879
  2. Sparrenberger v. StateSupreme Court of Alabama · 1875
  3. Bibb v. StateSupreme Court of Alabama · 1887
  4. Kilgore v. StateSupreme Court of Alabama · 1883
  5. Finley v. StateSupreme Court of Alabama · 1878

15 more not listed; retrieve them via the Exa API.

3Cited by56 opinions

  1. Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
  2. Leith v. StateSupreme Court of Alabama · 1921
  3. Gibbons v. TerritoryCourt of Criminal Appeals of Oklahoma · 1911
  4. Gaines v. StateSupreme Court of Alabama · 1906
  5. State v. BowdenSupreme Court of Florida · 1944

51 more not listed; retrieve them via the Exa API.

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