Bilbo v. State
Alabama Court of Appeals
Appeal from Baldwin Circuit Court. Heard before Hon. Samuel B. Beowne. William Bilbo was convicted of manslaughter and he appeals. (Maria Bilbo was convicted at the same time and she appeals also, and her case is reversed and remanded.
Read the full summary
Appeal from Baldwin Circuit Court. Heard before Hon. Samuel B. Beowne. William Bilbo was convicted of manslaughter and he appeals. (Maria Bilbo was convicted at the same time and she appeals also, and her case is reversed and remanded. The facts and opinion being the same in each case and being written by the same judge is consolidated with this case for convenience sake. — Reporter.) Counsel discuss exceptions to evidence and refused charges with citation of authority to support the action of the trial court, but in view of the opinion, it is not deemed necessary to set it out.
1Opinion of the CourtPelham, J.
This record presents no evidence that the indictment upon which the defendant was tried was regularly and legally returned into court. It is not *75shown to be a valid indictment, in that it is not shown to have been indorsed “a true bill,” nor does it appear to have been signed by the.foreman of the grand jury.—Code 1907, § 7300; Moses’ Case, 35 Ala. 421; Joyner v. State, 78 Ala. 448; Wilson v. State, 128 Ala. 17, 29 South. 569; Coburn v. State, 151 Ala. 100, 44 South. 58.
Besides, the records before the court in this case and in the companion case of Maria Bilbo (infra) are so confused as to…
2Cases cited4 opinions
- Mose v. StateSupreme Court of Alabama · 1860
- Joyner v. StateSupreme Court of Alabama · 1885
- Coburn v. StateSupreme Court of Alabama · 1907
- Wilson v. StateSupreme Court of Alabama · 1900
3Cited by5 opinions
- Dowdy v. StateAlabama Court of Appeals · 1931
- Hanners v. StateAlabama Court of Appeals · 1920
- Banks v. StateAlabama Court of Appeals · 1915
- Sanford v. StateAlabama Court of Appeals · 1935
- Williams v. StateAlabama Court of Appeals · 1927