Thrower v. State
Supreme Court of Alabama
Appeal from the City Court of Mobile. The name of the presiding judge is not stated on the record. The appellants were convicted of an assault with intent to murder. Being arraigned at the term at which the indictment was found, they filed several pleas in abatement, all of which resolve themselves into an objection that the grand jury which found the indictment was not a legal body, because summoned by a person who was not the sheriff.
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Appeal from the City Court of Mobile. The name of the presiding judge is not stated on the record. The appellants were convicted of an assault with intent to murder. Being arraigned at the term at which the indictment was found, they filed several pleas in abatement, all of which resolve themselves into an objection that the grand jury which found the indictment was not a legal body, because summoned by a person who was not the sheriff. The record is very defectively made up, it being agreed that certain admitted facts in another case should be treated as incorporated in the pleas in this…
1Opinion of the CourtJudge, J.
The grand jury which preferred the bill of indictment against the defendants in this case, were duly summoned as grand jurors by Rufus Dane, who had been duly-elected and qualified as the sheriff of Mobile county, in November, 1871. In the month of November, 1874, Duncan T. Parker was duly elected such sheriff. As the successor in office of the said Dane, he took the oath of office, and filed his official bond, before the grand jury had been summoned by Dane, but had not entered upon the discharge of his official duties. Dane continued in the office, discharging all its duties, without…
2Cases cited2 opinions
- Flournoy v. ClementsSupreme Court of Alabama · 1845
- Garner v. ClaySupreme Court of Alabama · 1827
3Cited by5 opinions
- Warren v. StateSupreme Court of Alabama · 1916
- Cook v. StateSupreme Court of Alabama · 1890
- Harris v. Nashville C. & St. Louis R. R.Supreme Court of Alabama · 1907
- Lawson v. Mobile Electric Co.Supreme Court of Alabama · 1920
- McBride v. StateAlabama Court of Appeals · 1926