Skinner v. State

Supreme Court of Alabama
Skinner v. State, 142 Ala. 46 (Ala. 1904)
Denson, Dowdell, McClellan, Tyson

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.

Reference

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Status
Published