Washington v. State
Supreme Court of Alabama
From the City Court of Mobile. Tried before the Hon. O. J. Semmes. The indictment in this case was found in November, 1879, and charged that the defendant, Alexander Washington,. “ with intent to steal, broke into and entered the dwelling-house of Amanda Arnold.”
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From the City Court of Mobile. Tried before the Hon. O. J. Semmes. The indictment in this case was found in November, 1879, and charged that the defendant, Alexander Washington,. “ with intent to steal, broke into and entered the dwelling-house of Amanda Arnold.” Before pleading to the indictment, the defendant moved the'court to quash it, or to strike it from the files, on the ground that there was no legal evidence before the grand jury implicating the defendant in the commission of the offense; and in support of this motion, he offered to prove by several of the grand jurors, and by Mrs.…
1Opinion of the CourtStone, J.
In refusing to entertain the motion to strike the indictment from the file and quash it, the City Court ruled in precise accordance with what was said by this court in Sparrenberger's case, 53 Ala. 481. We there said, “When it appears witnesses were examined by the grand jury, or the jury had before them legal documentary evidence, no inquiry into the sufficiency of the evidence is indulged.” In this case, a competent witness was sworn and examined before the grand jury. The precise point urged in argument is, that the grand jury found the bill on insufficient testimony, in this: that while…
2Cases cited2 opinions
- Sparrenberger v. StateSupreme Court of Alabama · 1875
- Steele v. StateSupreme Court of Alabama · 1878
3Cited by20 opinions
- Fikes v. StateSupreme Court of Alabama · 1955
- People v. LauderMichigan Supreme Court · 1890
- Loyd v. StateSupreme Court of Alabama · 1966
- Evans v. StateCourt of Criminal Appeals of Alabama · 1976
- Gaines v. StateSupreme Court of Alabama · 1906
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