Dowdy v. State, 8 Div. 224.

Citation134 So. 896,24 Ala.App. 333
Decision Date26 May 1931
Docket Number8 Div. 224.
PartiesDOWDY v. STATE.
CourtAlabama Court of Appeals

Appeal from Circuit Court, Lauderdale County; J. Fred Johnson, Jr., Judge.

Earl Dowdy was convicted of an attempt to assault with a weapon, and he appeals.

Reversed and remanded.

Jas. C. Roberts, of Florence, for appellant.

Thos. E. Knight, Jr., Atty. Gen., for the State.

BRICKEN, P.J.

The prosecution in this case was predicated upon a purported indictment, which attempted to charge this appellant with a misdemeanor, to wit, an assault with a weapon. He was tried and convicted by the jury of an "attempt to assault with a weapon," his fine being fixed at $10.

The indictment does not show authentication as provided by Code 1907, § 7300 (Code 1923, § 8682), 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, 17 Ala. App. 504, 86 So. 175; Whitley v. State, 166 Ala. 42, 52 So. 203; Bilbo v. State, 1 Ala. App. 74, 55 So. 927; Banks v. State, 13 Ala. App. 41, 69 So. 242; Smiley v. State, 11 Ala. App. 67, 65 So. 916; Joyner v. State, 78 Ala. 448; Wilson v. State, 128 Ala. 17, 24, 29 So. 569; Coburn v. State, 151 Ala. 100, 44 So. 58, 15 Ann. Cas. 249.

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

Reversed and remanded.

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3 cases
  • Goulden v. State
    • United States
    • Alabama Court of Criminal Appeals
    • June 4, 1974
    ...So.2d 859(3); Kennedy v. State, 39 Ala.App. 676, 107 So.2d 913(26); Gould v. State, 29 Ala.App. 57, 191 So. 402. See also Dowdy v. State, 24 Ala.App. 333, 134 So. 896, for a list of other '* * * In Smiley v. State, 11 Ala.App. 67, 65 So. 916, we find: "* * * It is not shown to be a valid in......
  • Strickland v. State, 4 Div. 244
    • United States
    • Alabama Court of Criminal Appeals
    • October 16, 1973
    ...So.2d 825(3); Kennedy v. State, 39 Ala.App. 676, 107 So.2d 913(26); Gould v. State, 29 Ala.App. 57, 191 So. 402. See also Dowdy v. State, 24 Ala.App. 333, 134 So. 896, for a list of other The record was filed here July 11, 1973 and was submitted on September 20, 1973. In Smiley v. State, 11......
  • Windham v. State, 4 Div. 636.
    • United States
    • Alabama Court of Appeals
    • May 26, 1931

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