Parker v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Perry. Tried before the Hon. John Moore. The appellant, Osborne Parker, was tried and convicted under the following indictment: “The grand jury of said county charge that before the finding of this indictment Osborne Parker, with intent to steal, broke into and entered the dwell-house of Augustus Moore, alias Gus Moore, against the peace and dignity of the State of Alabama.”
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Appeal from the Circuit Court of Perry. Tried before the Hon. John Moore. The appellant, Osborne Parker, was tried and convicted under the following indictment: “The grand jury of said county charge that before the finding of this indictment Osborne Parker, with intent to steal, broke into and entered the dwell-house of Augustus Moore, alias Gus Moore, against the peace and dignity of the State of Alabama.” After the return of the verdict of guilty, the defendant moved the court in arrest of judgment, upon the ground that the indictment upon which he was tried was defective, in that “it fails…
1Opinion of the Court
Per Curiam. —
The indictment in this case was fatally defective and the motion in arrest of judgment should have been granted. In the case of Griffith v. The State, 90 Ala. 583, the indictment omitted the letters “ght” from the word “aforethought” ; and while recognizing the general rule that a mere clerical error, or misspelling, or the omission of letters, did not necessarily vitiate an indictment, the omission was fatal. In the case of Grant v. State, 55 Ala. 201, the omission of the letter “d” from the word “gold” was held to be a mere clerical error, not affecting the sense or sound of…
2Cases cited2 opinions
- Griffith v. StateSupreme Court of Alabama · 1891
- Grant v. StateSupreme Court of Alabama · 1876
3Cited by6 opinions
- Adams v. StateAlabama Court of Appeals · 1915
- Cook v. StateCourt of Criminal Appeals of Alabama · 1977
- Sanders v. StateAlabama Court of Appeals · 1911
- Kilpatrick v. StateCourt of Criminal Appeals of Alabama · 1970
- Frazer v. StateAlabama Court of Appeals · 1940
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