Hafley v. State
Alabama Court of Appeals
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. George Hafly was convicted of violating the prohibition law, and he appeals.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. George Hafly was convicted of violating the prohibition law, and he appeals. The court erred in overruling defendant’s motion to quash and abate the indictment against him, because of the fact that the court erroneously supplied the place of an original member of the grand jury at a time when the grand jury had not been reduced below the legal number.— Peters v. State, 98 Ala. 38; Osborn v. State, 154 Ala. 44; Shivers v. State, 56 South. 233. The jury law does not repeal sec. 7282, and hence, the court was not…
1Opinion of the CourtPelham, J.
— The indictment on which the defendant was tried was returned into court and filed on the 8th day of August, 1912, at an adjourned term of the Morgan county law and equity court. When the grand jury that returned this indictment was organized it consisted of 18 persons, with Geo. D. Williamson as foreman. On a later day of the term, to wit, Aug. 3, 1912, the court made and entered an order excusing said Williamson from further service as a grand jury man on account of sickness, and directed the sheriff to summon two other persons qualified to serve as jurors to appear *380before tbe court on…
2Cases cited7 opinions
- Nordan v. StateSupreme Court of Alabama · 1904
- Holland v. StateSupreme Court of Alabama · 1909
- Clemons v. StateSupreme Court of Alabama · 1910
- Patterson v. StateSupreme Court of Alabama · 1911
- Spivey v. StateSupreme Court of Alabama · 1911
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3Cited by10 opinions
- Doss v. StateAlabama Court of Appeals · 1929
- Beck v. StateCourt of Criminal Appeals of Alabama · 1978
- Ex Parte BrownAlabama Court of Appeals · 1916
- Ogles v. StateAlabama Court of Appeals · 1916
- Rogers v. StateAlabama Court of Appeals · 1916
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