Brigman v. State
Alabama Court of Appeals
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Yance Brigman was convicted of violating tbe prohibition laAV and he appeals.
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Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Yance Brigman was convicted of violating tbe prohibition laAV and he appeals. The record shows that Yance Brigman was not the solicitor, and hence the indictment should have been quashed. — Joiner v. State, 78 Ala. 448. One of two presumptions must be sustained to support the indictment, either that the solicitor inadvertently signed defendant’s name, or that defendant himself by some sort of collusive agreement with the grand jury, was permited to sign the indictment in his own name, and the presumption must be indulged that…
1Opinion of the Court
WALKER,. P, J.
— The indictment in this case was against Yance Brigman, and it was signed, “Vance Brigman, Special Solicitor of the Twelfth Circuit.” We take it that this was a result of a mere inadvertence on the part of the person who dráfted the paper. But, whether this was the fact or not, the signature to the indictment did not render it subject to be stricken or *402quashed on the motions made to those ends. “It is not essential to the validity of the indictment that it should have been prepared or signed by the solicitor. It ‘receives its legal efficacy from the finding and return of the…
2Cases cited7 opinions
- Holley v. StateSupreme Court of Alabama · 1883
- Joyner v. StateSupreme Court of Alabama · 1885
- Prince v. StateSupreme Court of Alabama · 1903
- State v. . MacESupreme Court of North Carolina · 1882
- State v. KovoloskySupreme Court of Iowa · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Arnold v. StateAlabama Court of Appeals · 1941
- Holt v. StateAlabama Court of Appeals · 1918
- Fletcher v. StateAlabama Court of Appeals · 1915
- McKee v. StateAlabama Court of Appeals · 1934
- Bradford v. HarrisAlabama Court of Appeals · 1948
1 more not listed; retrieve them via the Exa API.