Spigener v. State
Supreme Court of Alabama
Appeal from Coosa Circuit Court. Tried before Hon. William L. Whitlock. The appellant, William H. Spigener, was tried and convicted on an indictment which charged that he “ did sell or give spirituous, vinous or malt liquors to William Pond, a minor, against the peace and dignity of the State of Alabama.”
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Appeal from Coosa Circuit Court. Tried before Hon. William L. Whitlock. The appellant, William H. Spigener, was tried and convicted on an indictment which charged that he “ did sell or give spirituous, vinous or malt liquors to William Pond, a minor, against the peace and dignity of the State of Alabama.” When the ease was called for trial, and before pleading to the indictment, defendant moved to quash the indictment or strike it from the files, “ because the same was not voted or preferred as a true bill by the grand jury of Coosa county at the fall term, 1878, when it purports to have been…
1Opinion of the CourtStone, J.
The indictment in the present case is an exact copy of form 59, Code of 1876, p. 998, and is sufficient. Code of 1876, sections 4205, 4824.
The statutes require the grand jurors to take an oath that they will keep secret the State’s counsel, their fellows and their own. — Code of 1876, section 4755; see, also, sections 4134-5. Indictments, when found, are presented to the court in open session, by the grand jury as a body. This is a solemn, official affirmation to the court that the bills then presented, indorsed by the foreman true bills, and signed by him, are the findings of at least twelve…
2Cases cited4 opinions
- State v. HaysSupreme Court of Missouri · 1856
- Murphy v. StateSupreme Court of Alabama · 1861
- Wilson v. StateSupreme Court of Alabama · 1858
- Lyman v. StateSupreme Court of Alabama · 1871
3Cited by17 opinions
- Roan v. StateSupreme Court of Alabama · 1932
- Hall v. StateSupreme Court of Alabama · 1901
- Whitehead v. StateSupreme Court of Alabama · 1921
- Roberts v. StateSupreme Court of Alabama · 1881
- Beasley v. StateAlabama Court of Appeals · 1957
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