Ex parte State ex rel. Attorney General
Supreme Court of Alabama
The State of Alabama on relation of the attorney general and his solicitor of the 8th Judicial Circuit Court, filed an original petition in the Supreme Court, praying for a writ of mandamus to be issued out of said court to the Judge of the 8th Judicial Circuit Court, requiring him to restore to the docket of the Circuit Court of Madison.
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The State of Alabama on relation of the attorney general and his solicitor of the 8th Judicial Circuit Court, filed an original petition in the Supreme Court, praying for a writ of mandamus to be issued out of said court to the Judge of the 8th Judicial Circuit Court, requiring him to restore to the docket of the Circuit Court of Madison. County for trial, the case of the State v. Stovall and to vacate an order made by him, striking the indictment of said case from the files of the court. ' The facts in the case are sufficiently stated in the opinion.
1Opinion of the CourtTyson, J.
This is a petition for a writ of mandamus to the judge of the 8th judicial circuit to require him to restore to the docket of the circuit court of Madison court for trial the case of the State v. Stovall, and to vacate an order made by him striking the indictment from the files of the court.
The action of the judge was predicated upon the theory that the indictment was void because preferred and presented by a grand jury not legally constituted.
It appears from the record that it was preferred by a grand jury organized by Hon. Paul Speake as judge of the sixteenth judicial circuit on the 19th…
2Cases cited1 opinion
- Norton v. Shelby CountySupreme Court of the United States · 1886
3Cited by23 opinions
- Ex Parte NiceSupreme Court of Alabama · 1981
- Dorrough v. McKeeSupreme Court of Alabama · 1956
- Ex Parte AdamsSupreme Court of Alabama · 1927
- Davis v. McCollochSupreme Court of Alabama · 1914
- Kimble v. BenderCourt of Appeals of Maryland · 1938
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