Nixon v. State
Supreme Court of Alabama
Fkom the Circuit Court of Marshall. Tried before the Hon. Leroy F. Box. The indictment in this case was found at the October term of said court, 1881, and charged the defendant with carrying concealed weapons.
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Fkom the Circuit Court of Marshall. Tried before the Hon. Leroy F. Box. The indictment in this case was found at the October term of said court, 1881, and charged the defendant with carrying concealed weapons. The record does not show when the defendant was arrested, but tbe trial was had at the next ensuing April term, 1882 ; and on the trial the defendant reserved a bill of exceptions, which states that, “the State having announced readiness for trial, and the defendant, being called upon by the court to announce whether he was ready for trial, then and there objected to be put upon his…
1Opinion of the Court
_ SOMERYILLE, J.
Section 4890 of the present Code pro-_ Addes, among other things, that “ a plea in abatement, on the ground that the grand juror’s by whom it was found were not drawn in the presence of the officers designated by law, must be filed at the term at which the indictment is found.”
This statute was construed by this court in Russell v. The State (33 Ala. 366), and its strict letter was so far departed from, as to hold that such a plea is in time, if filed at the first subsequent term at which it could be done, after the defendant is informed of the existence of the prosecution, by…
2Cases cited4 opinions
- Sparrenberger v. StateSupreme Court of Alabama · 1875
- State v. JonesSupreme Court of Alabama · 1843
- Russell v. StateSupreme Court of Alabama · 1859
- State v. CantrellSupreme Court of Arkansas · 1860
3Cited by24 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Leith v. StateSupreme Court of Alabama · 1921
- Maund v. StateSupreme Court of Alabama · 1950
- Vernon v. StateSupreme Court of Alabama · 1940
- Harrington v. StateSupreme Court of Alabama · 1887
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