Overton v. State
Supreme Court of Alabama
From the Circuit Court of Madison. Tried before tbe Hon. Louis Wyeth. Tbe indictment in tbis case was found at tbe Fall term, 1877; was signed by tbe solicitor, returned to tbe court, regularly indorsed as required by tbe statute, and marked by tbe clerk, “Filed in open court tbis 24th November, 1877.” In tbe preparation of tbe indictment tbe solicitor had used a blank form partly printed, tbe names of tbe State and county being printed in “ German Title,” or “Eurelca Text,”…
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From the Circuit Court of Madison. Tried before tbe Hon. Louis Wyeth. Tbe indictment in tbis case was found at tbe Fall term, 1877; was signed by tbe solicitor, returned to tbe court, regularly indorsed as required by tbe statute, and marked by tbe clerk, “Filed in open court tbis 24th November, 1877.” In tbe preparation of tbe indictment tbe solicitor had used a blank form partly printed, tbe names of tbe State and county being printed in “ German Title,” or “Eurelca Text,” as it was called by tbe printer, who was examined as a witness on tbe trial; and by mistake of tbe printer, as be…
1Opinion of the CourtManning, J.
Objection was made in this cause to the statement of the county, in the margin, or at the head of the indictment. The names therein of the State and county are printed in German characters ; and the German letters M and W are so much alike, that one may be easily mistaken for the other. It therefore happens, that what was intended to be, and looks to an American like the name Madison, is in fact “ Wadison/’ which proves that it would be better, in getting up all such documents, that the characters of our own language only should be employed.
If there were a county named Wadison in this State,…
2Cases cited5 opinions
- People v. JewettNew York Supreme Court · 1829
- Perkins v. StateSupreme Court of Alabama · 1874
- Reeves v. StateSupreme Court of Alabama · 1852
- State v. MurphySupreme Court of Alabama · 1839
- Manning v. CordellSupreme Court of Missouri · 1840
3Cited by13 opinions
- Kirkland v. StateSupreme Court of Florida · 1923
- State v. BuralliNevada Supreme Court · 1903
- Collins v. StateAlabama Court of Appeals · 1912
- Gater v. StateSupreme Court of Alabama · 1904
- Curtis v. StateAlabama Court of Appeals · 1913
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