Ross v. State
Supreme Court of Alabama
Appeal from Calhoun Circuit Court. Tried before Hon. W. L. Whitlock. The appellant, Albert H. Boss, was indicted for an assault with intent to murder, committed on one John Yoe. The bill of exceptions recites that “the State moved the court to strike from the files a plea in abatement filed by the defendant at a prior term of the court, ■ which motion the court granted and the defendant excepted.”
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Appeal from Calhoun Circuit Court. Tried before Hon. W. L. Whitlock. The appellant, Albert H. Boss, was indicted for an assault with intent to murder, committed on one John Yoe. The bill of exceptions recites that “the State moved the court to strike from the files a plea in abatement filed by the defendant at a prior term of the court, ■ which motion the court granted and the defendant excepted.” The bill also recites that a demurrer was filed to the indictment which was overruled, but neither plea nor demurrer, or any judgment of the court on either, are to be found elsewhere in the record.…
1Opinion of the CourtManning, J.
Although it is recited in the bill of exceptions that there was a demurrer to the indictment, which *228was overruled — and a writing purporting to be a plea in abatement, which was ordered to be taken from the file— there is no such demurrer or plea found in the record, nor any minute entry in respect thereof, showing that the court or judge had made any ruling whatever thereupon. We find no defect in the indictment for which a demurrer would lie; and no question respecting such a plea arises for our consideration. — Petty v. Dill, 53 Ala. 641.
The indictment charged appellant with an assault…
2Cases cited3 opinions
- Petty v. DillSupreme Court of Alabama · 1875
- Mooney v. StateSupreme Court of Alabama · 1859
- Parker v. HaggertySupreme Court of Alabama · 1840
3Cited by13 opinions
- Wilkins v. StateAlabama Court of Appeals · 1940
- Fonville v. StateSupreme Court of Alabama · 1890
- Woodard v. StateSupreme Court of Alabama · 1950
- Rutledge v. StateSupreme Court of Alabama · 1889
- Horn v. StateSupreme Court of Alabama · 1893
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