Parker v. State, 4 Div. 933.

• Decision Date: 11 April 1933
• Docket Number: 4 Div. 933.
• Citation: 147 So. 649,25 Ala.App. 413
• Parties: PARKER v. STATE.
• Court: Alabama Court of Appeals

147 So. 649

25 Ala.App. 413

PARKER v. STATE.

4 Div. 933.

Court of Appeals of Alabama

April 11, 1933

Appeal from Circuit Court, Coffee County; J. H. Wilkerson, Special Judge.

Neal Parker was convicted of assault and battery, and he appeals.

Reversed and remanded.

J. C. Fleming, of Elba, for appellant.

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

RICE, Judge.

In a prosecution for any crime, conviction cannot stand under indictment which did not carry indorsement "a true bill" signed by foreman of grand jury. Code 1923, § 8682; Evans v. State, 22 Ala. App. 651, 119 So. 595; Dowdy v. State, 24 Ala. App. 333, 134 So. 896.

The record before us shows the indictment upon which appellant was tried, etc., to be indorsed only "Grand Jury No. 75 E. Summersett, Foreman Grand Jury." This is fatally insufficient. Authorities supra.

The judgment of conviction is reversed, and the cause remanded.

Reversed and remanded.