Brown v. State
Supreme Court of Alabama
From the Circuit Court of Clarke. Tried before the Hon. ¥m. E. Clarke. The indictment in this case charged, “ that Edwin J. Brown, ■alias Ed. Brown, unlawfully and with malice aforethought killed David S. Jordan, by shooting him with a pistol.”
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From the Circuit Court of Clarke. Tried before the Hon. ¥m. E. Clarke. The indictment in this case charged, “ that Edwin J. Brown, ■alias Ed. Brown, unlawfully and with malice aforethought killed David S. Jordan, by shooting him with a pistol.” The minute-entry relating to the organization of the grand jury, by which the indictment was found, contains the following recitals: “ It appearing to the satisfaction of the court that there was then a sufficient number present to constitute the grand jury, and that said persons had been drawn and summoned according to law, and that they are qualified…
1Opinion of the Court
BRIOKELL, O. J.
— The several objections' to the regularity of the procedure in the Circuit Court have been considered, and we are not of opinion that either of them can be supported. The first is, that it is not shown by the record by whom, or by what authority, the oath was administered to the grand jury. Conceding that it is essential to the regularity of the proceedings that it should affirmatively appear of record that, before the finding of the indictment, the grand jury were properly sworn, the fact now appears clearly and fully. The recital is, that the oath prescribed by .the statute…
2Cases cited4 opinions
- Eiland v. StateSupreme Court of Alabama · 1875
- Dupree v. StateSupreme Court of Alabama · 1859
- Ben v. StateSupreme Court of Alabama · 1853
- Pierson v. StateSupreme Court of Alabama · 1847
3Cited by11 opinions
- Gunter v. StateSupreme Court of Alabama · 1887
- Tesney v. StateSupreme Court of Alabama · 1884
- McKee v. StateSupreme Court of Alabama · 1886
- Hammil v. StateSupreme Court of Alabama · 1891
- State v. CooperSupreme Court of North Carolina · 1953
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