State v. Allen
Supreme Court of Alabama
A reference of questions as novel and difficult from the Circuit Court of Walker County. INDICTMENT for playing at cards in a public place. Several pleas in abatement were pleaded by the defendant, of which two only are necessary lo be examined, the'others not being within the reference to the Supreme Court.
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A reference of questions as novel and difficult from the Circuit Court of Walker County. INDICTMENT for playing at cards in a public place. Several pleas in abatement were pleaded by the defendant, of which two only are necessary lo be examined, the'others not being within the reference to the Supreme Court. These pleas are nearly the same, and allege that the grand jurors, by whom the indictment was found, were not selected by the clerk of the court and the sheriff of the county under the superintendence and inspection of the judge of the county court, from the list of freeholders and…
1Opinion of the CourtGoldthwaite, J.
— Neither of the questions referred by the circuit court involves the correctness of the pleas, and the only inquiry with respect to them is, whether oral evidence was proper to show an irregularity in the manner of selecting the grand jurors, when the record of their proceedings showed their regularity. Such, we understand to be the first question referred, and as such, we will proceed to consider it, discarding from our view whatever is contained in the reference, about the summoning and impanneling the grand jury, as no question as to these matters seems to arise from the facts stated.
The…
2Cited by3 opinions
- Love v. StateAlabama Court of Appeals · 1917
- United States v. RichardsonUnited States Circuit Court · 1886
- Buzzard v. StateSupreme Court of Arkansas · 1859