Skinner v. State

Supreme Court of Alabama

Skinner v. State

142 Ala. 46

Supreme Court of Alabama·Decided November 15, 1904·Published·Cited by 1 cases

Opinion

TYSON, J.

The indictment upon which the defendant was convicted is void, not having been preferred by a grand jury organized at a time when the circuit court for Elmore county could be legally held. — Kidd v. Burke, in MS.; Walker v. State, in MS.

Of course, without a valid indictment to support the judgment of conviction, the judgment is ooraon non judice.

Reversed and remanded.

McClellan, C. J., Dowdell and Denson, J.J., concurring.

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TYSON, J.

The indictment upon which the defendant was convicted is void, not having been preferred by a grand jury organized at a time when the circuit court for Elmore county could be legally held. — Kidd v. Burke, in MS.; Walker v. State, in MS.

Of course, without a valid indictment to support the judgment of conviction, the judgment is ooraon non judice.

Reversed and remanded.

McClellan, C. J., Dowdell and Denson, J.J., concurring.

Skinner v. State, 142 Ala. 46 (Ala. 1904).

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Opinion

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