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Thorn v. State

98 So. 2d 859, 39 Ala. App. 227, 1957 Ala. App. LEXIS 59, 1957 Ala. Civ. App. LEXIS 109
CourtAlabama Court of Appeals
DecidedAugust 13, 1957
Docket8 Div. 905
StatusPublished
Cited by6 cases

This text of 98 So. 2d 859 (Thorn v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thorn v. State, 98 So. 2d 859, 39 Ala. App. 227, 1957 Ala. App. LEXIS 59, 1957 Ala. Civ. App. LEXIS 109 (Ala. Ct. App. 1957).

Opinion

CATES, Judge.

The general way to accuse a man of a felony is by indictment, Amendment XXXVII, Constitution, which replaced Section 8 thereof. To be an indictment, the accusation must be a writing “presented” by a grand jury. Code 1940, T. 15, § 228, McGee Crim.Proc. in Alabama, pp. 87 and 88. Being formulary acts,, its mode of presentment and its indorsement as a true bill prescribed by law (Code 1940, T. 15, § 250, and T. 30, § 89) are mandatory, McMullen v. State, 17 Ala.App. 504, 86 So. 175; Roan v. State, 225 Ala. 428, 143 So. 454 (dictum).

The purported indictment in the record here is only an accusation of assault with intent to murder subscribed by the solicitor without the indorsement “a true bill,” and for the want thereof does not support the judgment, Gould v. State, 29 Ala.App. 57, 191 So. 402, see also Dowdy v. State, 24 Ala.App. 333, 134 So. 896, for a list of other cases. 30 A.L.R. 721 notes that our view 'Conforms to that held in most states.

Reversed and remanded.

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Related

McKinnis v. State
99 So. 3d 1265 (Court of Civil Appeals of Alabama, 2012)
Brooks v. State
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Ash v. State
843 So. 2d 213 (Supreme Court of Alabama, 2002)
Goulden v. State
299 So. 2d 323 (Court of Criminal Appeals of Alabama, 1974)
Strickland v. State
285 So. 2d 492 (Court of Criminal Appeals of Alabama, 1973)
Kennedy v. State
107 So. 2d 913 (Alabama Court of Appeals, 1958)

Cite This Page — Counsel Stack

Bluebook (online)
98 So. 2d 859, 39 Ala. App. 227, 1957 Ala. App. LEXIS 59, 1957 Ala. Civ. App. LEXIS 109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thorn-v-state-alactapp-1957.