Banks v. State
| Decision Date | 30 June 1915 |
| Docket Number | 128 |
| Citation | 13 Ala.App. 41,69 So. 242 |
| Parties | BANKS v. STATE. |
| Court | Alabama Court of Appeals |
Appeal from Law and Equity Court, Marengo County; Edward J. Gilder Judge.
William Banks was convicted of murder in the second degree, and he appeals. Reversed and remanded.
George Pegram, of Faunsdale, for appellant.
William L. Martin, Atty. Gen., and Wm. H. Mitchell, Asst. Atty. Gen for the State.
Section 7300 of the Code provides, among other things, that when an indictment is found it must be indorsed "a true bill" and the indorsement signed by the foreman of the grand jury. The record here failing to show that the indictment upon which defendant was tried contains such an indorsement signed by the foreman of the grand jury, the judgment of conviction must be reversed. Whitley v. State, 166 Ala. 43, 52 So. 203; Bilbo v. State, 1 Ala.App. 74, 55 So. 927; Smiley v. State, 11 Ala.App. 67, 65 So. 916.
The contention that, because the indictment was returned in the circuit court, the law and equity court of Marengo county before which defendant was tried, had no authority to try defendant unless defendant had consented to a transfer of the case from the former to the latter court, as provided for by sections 19 and 38 of the local act creating said law and equity court (Local Acts 1909, p. 339), is without merit since these provisions of those sections were superseded before the trial, which was had on March 26, 1915, by the provisions of another local act which was approved on February 11, 1915, and which upon approval went into immediate operation by its express terms, and which provided, among other things, that:
"All causes pending in the circuit court of Marengo county are hereby transferred to the law and equity court of Marengo county, which law and equity court is hereby clothed with full and complete jurisdiction to try and determine said causes in all respects as fully as said circuit court of Marengo county had before said transfer." Local Act Feb. 11, 1915.
Hence defendant's consent to the transfer was not necessary to give the Marengo law and equity court jurisdiction, as he was tried there, as seen, after the last-mentioned act was approved and was in operation and in effect.
There appears in the record proper what purports to be a motion to quash the special venire served on defendant. The motion, however, does not appear in the bill of exceptions. Nor does the record...
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Dowdy v. State, 8 Div. 224.
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