Drinkard v. State
Supreme Court of Alabama
Ekeor to the Circuit Court of Chambers. Tried before the Hon. E. Pickens. 1. A prosecution by indictment is a suit in which the State is plaintiff, and the accused is the defendant. If such suit was not commenced before the indictment was found, the finding of the indictment and its return into the court by the grand jury is the commencement of the suit, whether a capias issues or not; or whether the capias issued is returned executed or not executed.
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Ekeor to the Circuit Court of Chambers. Tried before the Hon. E. Pickens. 1. A prosecution by indictment is a suit in which the State is plaintiff, and the accused is the defendant. If such suit was not commenced before the indictment was found, the finding of the indictment and its return into the court by the grand jury is the commencement of the suit, whether a capias issues or not; or whether the capias issued is returned executed or not executed. The mere neglect of the clerk to docket it cannot operate a discontinuance of such suit. Nor can the mere neglect or mere passiveness of any…
1Opinion of the Court
DARGAN, 0. J.'
The plaintiff in error was indicted at the Spring Term, 1847, of the Circuit Court of Chambers, for gaming. Two writs of capias were issued against him, both of which were returned, “not found.” At the Spring Term, 1848, the following entry was made upon the record: “Upon motion of the solicitor, leave of the court being first had, this case is withdrawn from the docket, with leave to reinstate if necessary.” No further step was taken to bring the defendant into court until January, 1851, when, upon the order of the solicitor, a capias was issued, and the defendant arrested. At…
2Cited by25 opinions
- Ex Parte State Ex Rel. Attorney GeneralSupreme Court of Alabama · 1951
- Miller v. StateSupreme Court of Alabama · 1895
- Torrey v. ForbesSupreme Court of Alabama · 1891
- Ex parte GarlandSupreme Court of Alabama · 1868
- Ex parte HallSupreme Court of Alabama · 1872
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