Legal Opinion

Sanders v. State

Supreme Court of Alabama

Decided November 15, 1900PublishedCited by 4 opinions

Appeal from tbe Circuit Court of Pike. Tried before tbe Hon. Joi-nsr P. Htjbiíaiu). Tbe appellant was indicted, tried and convicted for an assault with intent to murder, and was sentenced to tlie penitentiary for two years.

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Appeal from tbe Circuit Court of Pike. Tried before tbe Hon. Joi-nsr P. Htjbiíaiu). Tbe appellant was indicted, tried and convicted for an assault with intent to murder, and was sentenced to tlie penitentiary for two years. Tbe record entry showing tbe organization of tbe grand jury wliicb preferred tbe indictment against tbe defendant recited as follows: “Tlie sheriff returned into open court tbe venire facias for tbe grand jury for this term of the court, which, said venire facias had previously been prepared and issued and delivered to said sheriff in all respects as provided and required…

1Opinion of the CourtTyson, J.

A motion in arrest of judgment must be made and denied or granted by the court after verdict and before sentence. It, therefore, comps properly between the verdict and the judgment pronouncing the sentence.—Hood v. The State, 44 Ala. 81.

It appears from the record that the names of eighteen persons were upon the venire facias to be summoned as grand jurors and that sixteen of that number were served by the sheriff and appeared. Three of them were excused by the court, reducing the number to thirteen. For the purpose of completing the grand jury, the court ordered the sheriff to summon from the…

2Cases cited2 opinions

  1. Kilgore v. StateSupreme Court of Alabama · 1883
  2. Hood v. StateSupreme Court of Alabama · 1870

3Cited by4 opinions

  1. Hampton v. StateSupreme Court of Alabama · 1901
  2. Moran v. StateAlabama Court of Appeals · 1916
  3. Strickland v. StateAlabama Court of Appeals · 1965
  4. Travis v. StateSupreme Court of Alabama · 1912

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