TaiLexi AI U.S. Case Law

Hanners v. State

Hanners v. State.

Hanners v. State, 88 So. 55 (Ala. Ct. App. 1920)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Alabama Court of Appeals · State Appellate Courts
Decided
June 29, 1920
Docket
No. 4 Div. 637.
Judges
Bricken
Citations
88 So. 5517 Ala. App. 5971920 Ala. App. LEXIS 220
Disposition
Reversed and remanded.
Headnotes
Indictment and Information <&wkey;34(2) — Indictment' must be Indorsed- by Foreman as a True Bill. Under Code 1907, § 7300, requiring the concurrence of at least 12 grand jurors to find an indictment, and providing that when so found the indictment must be indorsed a true bill and the indorsement signed by the foreman, an indictment which does not bear the indorsement by the foreman will not support a conviction. <K=3For other eases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
Summary
Appeal from Circuit Court, Dale County; J. S. Williams, Judge. Albert Planners was charged with murder in the first degree, convicted of manslaughter in the first degree, and he appeals. Counsel discuss the various exceptions to evidence and to charges given and refused, with citation of authority, but in view of the opinion it is not deemed necessary to here set them out.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Bricken

BRICKEN, P. J.

The indictment does not show authentication as provided by Code 1907, § 7300, which reads:

“The concurrence of at least twelve grand jurors is necessary to find an indictment; and when so found, it must be indorsed ‘a true bill’ and the indorsement signed by the foreman.”

For the failure of the indictment to bear this necessary indorsement, it is not a valid indictment and will not support a judgment of conviction. This identical question has been decided, as here, in the following cases: Memory McMullen v. State, ante, p. 504, 86 South. 175 ; Whitley v. State, 166 Ala. 42 , 52 South. 203 ; Bilbo v. State, 1 Ala. App. 74 , 55 South. 927 ; Banks v. State, 13 Ala. App. 41 , 69 South. 242 ; Smiley v. State, 11 Ala. App. 67 , 65 South. 916 ; Joyner v. State, 78 Ala. 448 ; Wilson v. State, 128 Ala. 17, 24 , 29 South. 569 ; Coburn v. State, 151 Ala. 100 , 44 South. 58 , 15 Ann. Cas. 249.

No valid indictment having been shown, it is unnecessary to consider other questions presented.

Reversed and remanded.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1922: 11926: 11929: 11935: 119222026peak 1922 · 1

Relies on it most ⓘ

  1. Dunn v. State94 So. 786 (Ala. Ct. App. 1922)
  2. Honeycutt v. State109 So. 371 (Ala. Ct. App. 1926)
  3. Layton v. State124 So. 406 (Ala. Ct. App. 1929)
  4. Sanford v. State159 So. 271 (Ala. Ct. App. 1935)

Most recent

  1. Sanford v. State159 So. 271 (Ala. Ct. App. 1935)
  2. Layton v. State124 So. 406 (Ala. Ct. App. 1929)
  3. Honeycutt v. State109 So. 371 (Ala. Ct. App. 1926)
  4. Dunn v. State94 So. 786 (Ala. Ct. App. 1922)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 8

DepthCaseCited by
Coburn v. State, 44 So. 58 (Ala. 1907) 17
Whitley v. State, 52 So. 203 (Ala. 1910) 15
Smiley v. State, 65 So. 916 (Ala. Ct. App. 1914) 6
Bilbo v. State, 55 So. 927 (Ala. Ct. App. 1911) 5
Banks v. State, 69 So. 242 (Ala. Ct. App. 1915) 3
Joyner v. State, 78 Ala. 448 (1885) 18
Wilson v. State, 128 Ala. 17 (1900) 15
McMullen v. State, 86 So. 175 (Ala. Ct. App. 1920) 13

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list