Moorer v. State
Supreme Court of Alabama
Appeal from tlie Circuit Court of Wilcox. Tried before the Hon. John E. Tyson. The appellant, John Moorer, was indicted, tried and convicted for grand larceny. The indictment was preferred at the fall term, 1894, of the circuit court of Wilcox county; and the trial was had at the spring term, 1897, of said court.
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Appeal from tlie Circuit Court of Wilcox. Tried before the Hon. John E. Tyson. The appellant, John Moorer, was indicted, tried and convicted for grand larceny. The indictment was preferred at the fall term, 1894, of the circuit court of Wilcox county; and the trial was had at the spring term, 1897, of said court. On the day the cause was called for trial, to-wit, May 24, 181)7, the defendant made a motion to quash the indictment, upon the ground that the grand jurors com: posing the grand jury that preferred the indictment were not drawn in the presence of the officers designated bylaw. The…
1Opinion of the CourtHead, J.
The indictment was returned at the fall term, 1894, of the court. At that term the'cause was continued at the instance of the defendant, and at each term thereafter by the State. At the May term, 1897, on the day the case was tried, the defendant for the first time, moved to quash the indictment, and also offered to file a plea in abatement, both on the ground that the grand jurors were not drawn in the presence of the officers designated by law. The court overruled both these defenses and its ruling was correct. They came too late. — Code of 1886, § 4446. The effect of this statute can not…
2Cited by2 opinions
- Vernon v. StateSupreme Court of Alabama · 1941
- Rogers v. StateSupreme Court of Alabama · 1910