State v. Hughes
Supreme Court of Alabama
THE prisoner being indicted in the circuit court of Dallas, for the murder of Richard Hillburn, vvas tried on the plea of “ not guilty,” and convicted by the verdict of a jury. Thereupon he moved in arrest of judgment, and assigned the following causes: “ 1st. That the indictment has the name of no prosecutor indorsed upon it. 2d. That the record does not show that the grand jury were selected as required by law. 3d.
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THE prisoner being indicted in the circuit court of Dallas, for the murder of Richard Hillburn, vvas tried on the plea of “ not guilty,” and convicted by the verdict of a jury. Thereupon he moved in arrest of judgment, and assigned the following causes: “ 1st. That the indictment has the name of no prosecutor indorsed upon it. 2d. That the record does not show that the grand jury were selected as required by law. 3d. That after the conviction of the prisoner, the court permitted the record to be amended in this — In the entry of the verdict of guilty, these words were inserted: ‘in the…
1Opinion of the CourtCollier, C. J.
— 1. and 2. The counsel for the-prisoner declined arguing the first and second reasons, moved in arrest of judgment, but as they have been referred to this court as questions of novelty and difficulty, it is proper that they should be answered. The act of 1S11, which enacts that “ it shall be the duty of the attorney general, to mark on all bills of indictment the name of the prosecutor,” has been long regarded as merely directory to the attorney general; and the omission does not at all affect the validity of the indictment.
The second reason not being sustained by the record, it could only…
2Cited by19 opinions
- Foster v. StateSupreme Court of Alabama · 1864
- Parkinson v. PeopleIllinois Supreme Court · 1890
- Ferguson v. StateSupreme Court of Alabama · 1901
- Fernandez v. StateSupreme Court of Alabama · 1845
- Iverson v. StateSupreme Court of Alabama · 1875
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