People v. Hamilton

Plaintiff in error, Bert Hamilton, was convicted of the crime of rape, in the circuit court of DeKalb county, and sentenced to eighteen years’ imprisonment in the penitentiary.

The record discloses that the indictment was returned in open court on the 29th of' October, 1913, being one of the days of the October term. On March 19, 1914, at a subsequent term, a motion was made to correct the record of October 29, 1913, to show that court adjourned on that day to November 3, 1913, and that the grand jury returned the indictment to the clerk after the adjournment. This motion was supported by the…