Yeager v. State
Alabama Court of Appeals
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Ed Yeager was convicted of violating the prohibition law, and he appeals.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Ed Yeager was convicted of violating the prohibition law, and he appeals. The defendant’s plea in abatement to the indictment was good, and not subject to be striken oil motion. — Sunflower Go. v. Turner, 158 Ala. 191; G. of Ga. v. Sims, 53 South. 826. The plea presented a good defense, as the action of the court was illegal. — Osborn v. State, 45 South. 666; Spivey v. State, 56 South. 232; Thayer v. State, 35 South. 406. What has been said relative to the plea in abatement applies with' equal force to the motion to…
1Opinion of the CourtWalker, P. J.
— Tbe objection to tbe indictment, first by plea in abatement, and then, when that was stricken, by motion to quash, was based upon tbe action of tbe court in adding a member to tbe grand jury to take tbe place of an original member of it wbo bad been excused, tbougb tbe withdrawal of such original member bad not reduced tbe membership of tbe body below tbe number required by law.
It was decided in tbe case of Patterson v. State, 171 Ala. 2, 54 South. 696, that tbe present jury law (Acts Sp. Sess. 1909, p. 305) did not repeal or supersede tbe provision of section 7282 of tbe Code, under which…
2Cases cited3 opinions
- Nordan v. StateSupreme Court of Alabama · 1904
- Patterson v. StateSupreme Court of Alabama · 1911
- Osborn v. StateSupreme Court of Alabama · 1908
3Cited by6 opinions
- Rogers v. StateAlabama Court of Appeals · 1916
- Ex parte LawlerSupreme Court of Alabama · 1913
- Moore v. StateAlabama Court of Appeals · 1913
- State v. GowanSupreme Court of Minnesota · 1973
- Giles v. StateCourt of Criminal Appeals of Alabama · 1985
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