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Whitley v. State

Whitley v. State, 52 So. 203 (Ala. 1910)
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Court
Supreme Court of Alabama · State Highest Courts
Decided
February 3, 1910
Judges
Anderson, Dowdell, Evans, Sayre
Citations
52 So. 203166 Ala. 421910 Ala. LEXIS 337
Disposition
Reversed and remanded.
Cited by 15
Headnotes
Murder. Indictments and Information; Endorsements. — An indictment is not valid which is not endorsed “a true bill” and signed by the foreman of the grand jury as required- by section 7300, Code 1907.
Summary
Appeal from Winston Circuit Court. Heard before Hon. J. J. Ray. Eliza Whitley was convicted of mnrder and she appeals. Counsel discuss the merits of the case as raised by the charges and the evidence, but do not discuss the points decided. Counsel discuss the case as presented by the appellant with citation of authority, and on motion for rehearing insists that the indictment was properly endorsed, and that the clerk was guilty of a clerical error in failing to so show in the transcript. They, therefore, ask for a rehearing, the setting aside of the submission, and a certiorari to bring up a corrected record.

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

Opinion of the Court — Evans

Text extracted by OCR from a scanned original; check the original for exact wording.

EVANS, J.

The transcript of the- record in this case shows no valid indictment. There is no indorsement on the indictment, as required by section 7800 of the Code of 1907, to wit, “A true bill,” signed by the foreman of the grand jury. Until an indictment is so indorsed, there is no valid indictment. —Mose v. State, 35 Ala. 425 , 426; Winston v. State, 52 Ala. 520 .

No valid indictment having been shown, it is useless to consider the other rulings of the court.

Reversed and remanded.

Dowdell, C. J., and Anderson and Sayre, JJ., concur.

How later courts describe this case

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

Cited by 15 cases

View all citing references →
1912: 11914: 11915: 11920: 11922: 11926: 11929: 11931: 11932: 11935: 11939: 11973: 11974: 21986: 119122026peak 1974 · 2

Relies on it most ⓘ

  1. Roan v. State143 So. 454 (Ala. 1932)
  2. City of Dothan v. Holloway501 So. 2d 1136 (Ala. 1986)
  3. State v. Heft134 N.W. 950 (Iowa 1912)
  4. Goulden v. State299 So. 2d 325 (Ala. 1974)
  5. Smiley v. State65 So. 916 (Ala. Ct. App. 1914)
  6. Strickland v. State285 So. 2d 492 (Ala. Crim. App. 1973)

Most recent

  1. City of Dothan v. Holloway501 So. 2d 1136 (Ala. 1986)
  2. Goulden v. State299 So. 2d 325 (Ala. 1974)
  3. Goulden v. State299 So. 2d 323 (Ala. Crim. App. 1974)
  4. Strickland v. State285 So. 2d 492 (Ala. Crim. App. 1973)
  5. Gould v. State191 So. 402 (Ala. Ct. App. 1939)
  6. Sanford v. State159 So. 271 (Ala. Ct. App. 1935)

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 1

DepthCaseCited by
Eads v. Murphy, 52 Ala. 520 (1875) 15

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