Spelce v. State
Alabama Court of Appeals
Appeal from Madison Circuit Court. Heard before Hon. D. W. Speaks. Ed. M. Spelce was convicted of violating tbe prohibition law, and be appeals. . Tbe court met in regular term on tbe third Monday in November, 1913. On November 7, 1913, tbe court entered an order setting out certain reasons why it deemed it proper and expedient for tbe judge of said circuit to order, draw, summon, and impanel tbe grand jury, and thereupon folloived an order that 18 persons be summoned to be…
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Appeal from Madison Circuit Court. Heard before Hon. D. W. Speaks. Ed. M. Spelce was convicted of violating tbe prohibition law, and be appeals. . Tbe court met in regular term on tbe third Monday in November, 1913. On November 7, 1913, tbe court entered an order setting out certain reasons why it deemed it proper and expedient for tbe judge of said circuit to order, draw, summon, and impanel tbe grand jury, and thereupon folloived an order that 18 persons be summoned to be organized and impaneled, and for the purpose of carrying out this order the judge of the circuit proceeded to draw from…
1Opinion of the CourtWalker, P. J.
The attack made by the defendant upon the indictment against him was based upon the *199supposed illegality of the grand jury which returned it. In the brief of the Attorney General no question is raised as to the propriety of • the methods adopted in assailing the validity of the indictment, but it is contended that there was no snch lack of legal warrant for the existence of the grand jury as was suggested in behalf of the defendant.
The ground of the attack made upon the legality of the grand jury organized at the regular term of the court at which the indictment was returned was, in substance,…
2Cases cited6 opinions
- Clemons v. StateSupreme Court of Alabama · 1910
- Koch v. StateSupreme Court of Alabama · 1896
- Griffin v. StateSupreme Court of Alabama · 1907
- Spivey v. StateSupreme Court of Alabama · 1911
- McConnell v. AdairSupreme Court of Alabama · 1906
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