Boyd v. State
Alabama Court of Appeals
Burglary. Appeal from Shelby Circuit Court. Heard before Hon. Hugh D. Merrill. John Boyd was convicted of burglary from a railroad car and he appeals.
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Burglary. Appeal from Shelby Circuit Court. Heard before Hon. Hugh D. Merrill. John Boyd was convicted of burglary from a railroad car and he appeals. The grand jury was drawn more than twenty days before the beginning of the court to which the indictment was returned, and the plea in abatement should have been sustained.— Richter v. The State, 47 South. 163; Thrower v. Brandon, 7 South. 442. The grand jury was not drawn by the officers designated by law— Spivy v/The State, 56 South. 232. The indictment did not allege that the car which was broken open was the property of a corporation,…
1Opinion of the CourtPelham, P. J.
A plea in abatement to the indictment, going to irregularity in drawing the grand jury that returned it, is set out in the record, but the transcript is. entirely silent with respect to what disposition, if any, was made of the plea, and, in the absence of any judgment or ruling of the court on the plea, nothing is presented for review with respect to it. No action being shown to have been taken on the plea, nor what disposition was made of it, on appeal it will be treated as aban*154doned.—Harris Transfer Co. v. Moor, 10 Ala. App. 469, 65 South. 416.
No objection can be taken to an indictment on…
2Cases cited4 opinions
- Jones v. StateSupreme Court of Alabama · 1902
- Rose v. StateSupreme Court of Alabama · 1897
- Miller v. StateSupreme Court of Alabama · 1884
- Harris Transfer & Warehouse Co. v. MoorAlabama Court of Appeals · 1914