Jones v. State
Supreme Court of Alabama
Appeal from Jefferson Criminal Court. Heard before Hon. M. Frank Cahalan. Arthur Jones was convicted of murder and he appeals. The indictment should have been quashed on motion of defendant.— Acts 1909, p. 305. The defendant ivas arraigned, before one of the judges of the Criminal Court, and tried and sentenced by another judge of such court at the same term, each of whom were acting separately, and operates as a discontinuance.
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Appeal from Jefferson Criminal Court. Heard before Hon. M. Frank Cahalan. Arthur Jones was convicted of murder and he appeals. The indictment should have been quashed on motion of defendant.— Acts 1909, p. 305. The defendant ivas arraigned, before one of the judges of the Criminal Court, and tried and sentenced by another judge of such court at the same term, each of whom were acting separately, and operates as a discontinuance. The defendant’s objection to the indictment was not taken in the proper way. — Acts 1909, p. 315,, sec. 23; Matties v. State, 3 Ala. App. 7; Gollms v. State, 3 Ala.…
1Opinion of the CourtMcCLELLAN, J.
The appellant was adjudged guilty of murder in the first degree, and sentenced to suffer death. When brought before the court to be arraigned, he presented to the court a paper thus captioned: “Comes the- defendant, Arthur Jones, and objects and protests against being arraigned in this cause and to answer said indictment. * * *' ” The “reasons and grounds” assigned therefor were these: That the grand jury was illegally drawn; that said grand jury was not drawn as is required by law; that a number of the grand jury were not qualified to serve on said jury as is required by law; and that…
2Cases cited3 opinions
- Collins v. StateAlabama Court of Appeals · 1912
- Thornton v. StateAlabama Court of Appeals · 1912
- Mathes v. StateAlabama Court of Appeals · 1911