Perkins v. State
Supreme Court of Alabama
From the City Court of Anuiston. Tried before the Hon. B. F. Oassady. The appellant in this case, R. B. Perkins, was indicted, tried, and convicted of selling spirituous, vinous or malt liquors, without a license, and contrary to law.
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From the City Court of Anuiston. Tried before the Hon. B. F. Oassady. The appellant in this case, R. B. Perkins, was indicted, tried, and convicted of selling spirituous, vinous or malt liquors, without a license, and contrary to law. The indorsement on the indictment showed that it was filed in open court on the 25th day of April, 1890. On the trial of the case, as is shown by the bill of exceptions, the defendant made a motion to quash the said indictment, and assigned several grounds for said motion, which were, in substance, that the grand jury, by which the indictment was preferred, was…
1Opinion of the CourtColeman, J.
The record shows that the grand jury was organized on the 14th day of April, 1890. The regular term of the court began on the 7th day of April, that being the first Monday of the month. The act to establish the City Court of Anniston does not require that the grand jury be organized during the first week, but may be organized at such time as the court may deem it expedient.— O'Brien v. State, 91 Ala. 16. There is no evidence in the record to show that a grand jury had been organized during the term, previous to the one which preferred the indictment. In fact, there is no evidence to support…
2Cases cited1 opinion
- O'Brien v. StateSupreme Court of Alabama · 1890
3Cited by4 opinions
- Dentler v. StateSupreme Court of Alabama · 1895
- Sellers v. StateSupreme Court of Alabama · 1893
- State v. OttoSouth Dakota Supreme Court · 1917
- Brooks v. StateSupreme Court of Alabama · 1894