Stanley v. State
Supreme Court of Alabama
Prom the Circuit Court of Covington. Tried before the Hon. John P. Hubbabd. The indictment in this case charged that John E. Stanley, “being clerk of the Circuit Court of said county, knowingly converted to his own use, or permitted another to use, money to about the amount of fifty dollars, which was paid into his office, or received by him in his official capacity, and which said money belonged to the State of Alabama.”
Read the full summary
Prom the Circuit Court of Covington. Tried before the Hon. John P. Hubbabd. The indictment in this case charged that John E. Stanley, “being clerk of the Circuit Court of said county, knowingly converted to his own use, or permitted another to use, money to about the amount of fifty dollars, which was paid into his office, or received by him in his official capacity, and which said money belonged to the State of Alabama.” Issue being joined on the plea of not guilty, the jury returned a verdict in these words: “We, the jury, find the defendant guilty of converting to his own use more than…
1Opinion of the CourtClopton, J.
Defendant moved to strike the indictment from the files, on the ground that it was not indorsed, dated, and signed by the clerk, as' required by the statute. The motion is based on section 4386 of the Code, which requires: “All indictments must be presented to the court by the foreman of the grand jury, in the presence of at least eleven other jurors; must be indorsed \filed,’ and the indorsement dated and signed by the clerk.” No citizen should be tried for a criminal offense, until he has been regularly and legally charged; and it becomes the duty of the court to strike an indictment from…
2Cases cited6 opinions
- Hubbard v. StateSupreme Court of Alabama · 1882
- People v. GrayCalifornia Supreme Court · 1884
- Mason & Franklin v. StateSupreme Court of Alabama · 1868
- Walker v. ChapmanSupreme Court of Alabama · 1853
- Wesley v. StateSupreme Court of Alabama · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Mason v. StateSupreme Court of Alabama · 1953
- Wilkins v. StateAlabama Court of Appeals · 1940
- Lidge v. StateCourt of Criminal Appeals of Alabama · 1982
- Wall v. StateAlabama Court of Appeals · 1911
- State v. CarmeanSupreme Court of Iowa · 1905
14 more not listed; retrieve them via the Exa API.