Tinker v. State

HARRIS, Presiding Judge.

Appellant was put to trial upon an indictment which, omitting the formal parts, reads as follows:

“The Grand Jury of said County charges that before the finding of this indictment Wendell Tinker and Mary McBryar, whose names to the Grand Jury are otherwise unknown than as stated, unlawfully and with malice aforethought, did assault George Smith, with the intent to murder him, contrary to law and against the peace and dignity of the State of Alabama.”

A trial was had and the jury was unable to reach a verdict. A mistrial was entered of record. The State then elected to…