Pendleton v. State

SHORES, Justice.

The Court of Criminal Appeals reversed the murder conviction of Eugene Bizell Pendleton, Jr. because the indictment as shown by the record failed to set forth the quomodo of the homicide, 57 Ala.App. 452, 329 So.2d 140. The court held that the conviction could not stand, relying exclusively on Nelson v. State, 50 Ala.App. 285, 278 So.2d 734 (1973).

The attorney general submits that only through a typographical error in the circuit clerk’s office was the means of the crime accidentally omitted from the record which was submitted to the Court of Criminal Appeals.

Under Rule 2(b)…