Finley v. State
Supreme Court of Alabama
Appeal from Dallas Circuit Court. Tried before Hon. George H. Craig. The appellant, Isaac Finley, was indicted for an assault with intent to murder one Westbrooks. The jury found the defendant guilty of an assault with a weapon, and assessed a fine, and judgment was rendered accordingly. The record discloses that a regular venire was duly issued by the clerk to the sheriff, commanding him to summon eighteen persons to serve as grand jurors.
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Appeal from Dallas Circuit Court. Tried before Hon. George H. Craig. The appellant, Isaac Finley, was indicted for an assault with intent to murder one Westbrooks. The jury found the defendant guilty of an assault with a weapon, and assessed a fine, and judgment was rendered accordingly. The record discloses that a regular venire was duly issued by the clerk to the sheriff, commanding him to summon eighteen persons to serve as grand jurors. The venire was duly executed and returned into court, but only ten of the persons summoned appeared to answer to their names, and three of them were…
1Opinion of the CourtBbickell, C. J.
The practice in criminal cases, which has been observed in this State, from an early day, and sanctioned by repeated decisions of this court, is, that a defect in the indictment which would have been fatal on demurrer,, or error in the record of the proceedings, which would have; *204been good ground in arrest of judgment, if that had been moved for in the primary court, will on appeal, or writ of error, compel a reversal of a judgment of conviction. The statute authorizes an amendment of an indictment, but only by consent of the defendant, entered of record. We have no statute applicable to…
2Cases cited2 opinions
- O'Byrnes v. StateSupreme Court of Alabama · 1874
- Portis v. StateMississippi Supreme Court · 1872
3Cited by42 opinions
- People v. HardingMichigan Supreme Court · 1884
- Gibbons v. TerritoryCourt of Criminal Appeals of Oklahoma · 1911
- Doss v. StateAlabama Court of Appeals · 1929
- People v. LauderMichigan Supreme Court · 1890
- Bruner v. Superior CourtCalifornia Supreme Court · 1891
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