Askew v. State
Alabama Court of Appeals
Appeal from Baldwin Circuit Court. Heard before Hon. Samuel B. Browne. Clem Askew was convicted of violating the prohibition law, and he appeals.
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Appeal from Baldwin Circuit Court. Heard before Hon. Samuel B. Browne. Clem Askew was convicted of violating the prohibition law, and he appeals. The motion to quash the indictment is not set out in the record, and therefore, cannot be reviewed. — McQueen v. The State, 188 Ala. 63; Gaines v. The State, 149 Ala. 29; Lacy v. The State, 154 Ala. 65. The motion in arrest of judgment based on matters going to the formation of the grand jury which found the indictment will not be considered, as this may be raised only by plea in abatement. — Mallies v. The State, 3 Ala. App. 7; Thornton v. The…
1Opinion of the CourtWalker, P. J.
The ruling on the defendant’s motion to quash the indictment cannot be reviewed, as the record does not set out the motion or otherwise disclose the grounds of it. — McQueen v. State, 138 Ala. 63, 65 South. 39; Lacey v. State, 154 Ala. 65, 45 South. 680.
The court was not in error in overruling the motion in arrest of judgment. That motion undertook to present objections to the indictment on grounds going to the formation of the grand jury which found it. This is permitted to be done only by plea in abatement. — Section 23, Jury Law (Acts Special Session 1909, p. 315) ; Thornton v. State, 4…
2Cases cited4 opinions
- Lacey v. StateSupreme Court of Alabama · 1908
- Louisville & Nashville R. R. v. StanleySupreme Court of Alabama · 1914
- McQueen v. StateSupreme Court of Alabama · 1902
- Thornton v. StateAlabama Court of Appeals · 1912
3Cited by11 opinions
- Ex Parte BaldwinSupreme Court of Alabama · 1984
- Parsons v. StateSupreme Court of Alabama · 1948
- Baldwin v. StateCourt of Criminal Appeals of Alabama · 1983
- Rector v. StateAlabama Court of Appeals · 1914
- Lambert v. StateCourt of Criminal Appeals of Alabama · 1972
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