Legal Opinion

Andrews v. State

Supreme Court of Alabama

Decided April 8, 1977PublishedCited by 33 opinions

1Opinion of the Court

344 So.2d 538 (1977)

In re James ANDREWS

v.

STATE of Alabama.

Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL.

SC 2372.

Supreme Court of Alabama.

April 8, 1977.

William J. Baxley, Atty. Gen., and Linda C. Breland, Asst. Atty. Gen., for the State, petitioner.

No brief for respondent.

BLOODWORTH, Justice.

In denying this writ we state the following with respect to the Court of Criminal Appeals' decision.

We agree that a demurrer is the proper procedure normally to raise defects in an indictment.

We further agree that the defect in the indictment here, i. e., failure to name the officer assaulted, does…

2Cases cited3 opinions

  1. Williams v. StateSupreme Court of Alabama · 1977
  2. Thomas v. StateSupreme Court of Alabama · 1965
  3. Adkins v. StateSupreme Court of Alabama · 1973

3Cited by33 opinions

  1. Barbee v. StateCourt of Criminal Appeals of Alabama · 1982
  2. Ex Parte LewisSupreme Court of Alabama · 2001
  3. Favor v. StateCourt of Criminal Appeals of Alabama · 1980
  4. Stringer v. StateCourt of Criminal Appeals of Alabama · 1979
  5. Flowers v. StateCourt of Criminal Appeals of Alabama · 1981

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