Russell v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Blount. Tried before the Hon. William 8. Mudd. The prisoner, George Russell, was indicted for the-murder of one John Henry, “by stabbing him in the-neck with a knife;” pleaded not guilty; was convicted: of murder in the first degree, and sentenced to he hanged.
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Appeal from the Circuit Court of Blount. Tried before the Hon. William 8. Mudd. The prisoner, George Russell, was indicted for the-murder of one John Henry, “by stabbing him in the-neck with a knife;” pleaded not guilty; was convicted: of murder in the first degree, and sentenced to he hanged. After conviction, he moved in arrest of judgment on the-following grounds: “1st, because the indictment was not marked filed by the'clerk of the court, during the first term of the court at which it was found, nor has it since-been so marked with the true date of filing the same, signed by the clerk of…
1Opinion of the Court
A. J. WALKER, O. J.—
Section 3535 of the Code Í3 in the following words: “All indictments must be presented to the court by the foreman of the grand jury, in the presence of at least twelve of such jury, including the foreman; must be endorsed ‘filed,’ and such endorsement dated and signed by the clerk.” The bill of indictment in this case appears to have had upon it the endorsement “a true bill,” subscribed by the foreman of the grand jury; and the record recites, that it was made to *370appear to tbe satisfaction of tbe court, that- a bill of indictment had been returned into the court, endorsed…
2Cases cited5 opinions
- State v. ClarksonSupreme Court of Alabama · 1842
- Franklin v. StateSupreme Court of Alabama · 1856
- Cobb v. Miller, Ripley & Co.Supreme Court of Alabama · 1846
- Massey v. Steele's adm'r.Supreme Court of Alabama · 1847
- Sally v. GoodenSupreme Court of Alabama · 1843
3Cited by18 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Sparrenberger v. StateSupreme Court of Alabama · 1875
- Harrington v. StateSupreme Court of Alabama · 1887
- Bell v. StateSupreme Court of Alabama · 1933
- Nixon v. StateSupreme Court of Alabama · 1881
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