Hunt v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Baldwin. Tried before tbe Hon. H. T. Toulmin. The record in tbis case shows that, in October, 1873, an indictment was found in said court against John Little, for the murder of Zedo Shanklin; that at the April term, 1875, the defendant never having been arrested, an order was entered on the minutes, granting permission- to the solicitor to withdraw and file the indictment, with leave to have it reinstated ; that at the April term, 1877, in…
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Appeal from the Circuit Court of Baldwin. Tried before tbe Hon. H. T. Toulmin. The record in tbis case shows that, in October, 1873, an indictment was found in said court against John Little, for the murder of Zedo Shanklin; that at the April term, 1875, the defendant never having been arrested, an order was entered on the minutes, granting permission- to the solicitor to withdraw and file the indictment, with leave to have it reinstated ; that at the April term, 1877, in open- court, by an order duly entered on the minutes, the defendant was admitted to bail, in the sum of one thousand…
1Opinion of the CourtStone, J.
The record in the present case shows but one scire facias issued, which was returned served on all the defendants except John Little; as to him, it was returned “mot found.” The judgment was made final against all the defendants. To authorize a judgment final against any party on forfeited recognizance, it is necessary that the scire facias be returned executed, or that there be two returns of “not found.” This latter is declared to be equivalent to personal service. — Code of 1876, § 4866.
If there were no other error in this record, we would amend the judgment-entry by discontinuing the suit…
2Cases cited4 opinions
- Savage v. WalsheSupreme Court of Alabama · 1855
- Ex parte RemsonSupreme Court of Alabama · 1857
- English v. BrownSupreme Court of Alabama · 1846
- McDowell v. MitchamSupreme Court of Alabama · 1861
3Cited by3 opinions
- Busby v. StateAlabama Court of Appeals · 1922
- Morris v. StateAlabama Court of Appeals · 1950
- Graham v. StateAlabama Court of Appeals · 1915