Gould v. State, 7 Div. 395.
| Decision Date | 30 June 1939 |
| Docket Number | 7 Div. 395. |
| Citation | 29 Ala.App. 57,191 So. 402 |
| Parties | GOULD v. STATE. |
| Court | Alabama Court of Appeals |
Rehearing Denied Oct. 3, 1939.
Appeal from Circuit Court, Shelby County; W. W. Wallace, Judge.
I. L. Gould was convicted of grand larceny, and he appeals.
Reversed and remanded.
L. H. Ellis, of Columbiana, for appellant.
Thos. S. Lawson, Atty. Gen., and L. L. Mooneyham, Asst. Atty. Gen., for the State.
In a prosecution for any indictable crime conviction cannot stand under indictment which does not carry endorsement "a true bill" signed by foreman of grand jury. Code 1923, § 8682; Parker v. State, 25 Ala.App. 413, 147 So. 649; Whitley v. State, 166 Ala. 42, 52 So. 203, and many other cases that might be cited.
The record before us fails to show the signature of the foreman of the grand jury affixed to the endorsement "a true bill" appearing on the indictment. The judgment must be reversed and the cause remanded. Authorities supra.
It is so ordered.
Reversed and remanded.
To continue reading
Request your trial
-
Brittain v. Prudential Ins. Co. of America
... ... 57 BRITTAIN v. PRUDENTIAL INS. CO. OF AMERICA. 7 Div. 460.Court of Appeals of AlabamaJune 30, 1939 ... an established rule of pleading in this State that in ... considering the sufficiency of the averments ... ...
-
Goulden v. State
...the judgment. Thorn v. State, 39 Ala.App. 227, 98 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......
- Hodges v. Wiles, 8 Div. 803.
- Hamilton v. State, 8 Div. 829.