Supreme Court of Alabama, 1904

Skinner v. State

Skinner v. State
Supreme Court of Alabama · Decided November 15, 1904 · Denson, Dowdell, McClellan, Tyson
142 Ala. 46

Skinner v. State

Opinion of the Court

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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