Ramsey v. State

Decision Date12 January 1897
Citation113 Ala. 49,21 So. 209
PartiesRAMSEY v. STATE.
CourtAlabama Supreme Court

Appeal from city court of Anniston; James W. Lapsley, Judge.

Dick Ramsey was convicted of burglary and larceny, and appeals. Reversed.

At a subsequent day of the term, and before the sentence, the defendant filed a motion addressed to the court in arrest of judgment, which was as follows: "Comes the defendant in this cause, and after verdict, and before sentence, prays that judgment herein may be arrested, and for cause, says (1) That the grand jury presenting the indictment upon which defendant was tried and convicted was not a legally constituted body, (2) because, after the organization of said grand jury with sixteen members, and before said indictment was presented and filed in this court, the organization of said grand jury as a legal body was destroyed by order of this court increasing the number of said grand jurors to seventeen, when sixteen grand jurors had been legally constituted the grand jury for this term of the court; (3) because the said bill of indictment was not found and presented by a legally constituted grand jury. Wherefore, for these and other manifest defects in the record appearing defendant moves the court that judgment be arrested, and he be discharged." The record shows the following facts That upon November 3, 1896, upon a call of the venire for the grand jury, 18 persons answered to their names, 2 of whom, G T. Anderson and W. A. Davis, were for good cause excused leaving 16 persons present, and not excused; that R. P Thomason was appointed foreman of said grand jury, and that the said Thomason, together with all the other members of said jury, were duly sworn according to the law, and that they retired to enter upon their labor (a jury of 16 men). The record also shows that on the 17th day of November, 1896, five days after the said grand jury had been duly organized, sworn, and charged as required by law, said grand jury came into court, and it appearing to the court that by reason of the absence of J. G. Hudson and D. T. Goodwin, members of said grand jury, its number had been reduced to 14 persons, the court ordered that the sheriff summon from the qualified citizens of the county 2 persons to complete said grand jury, John Turner was duly selected in the manner prescribed by law to complete said grand jury, and was duly sworn as a member thereof. The record further shows that on the...

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3 cases
  • Hammond v. State, 3 Div. 444
    • United States
    • Alabama Court of Criminal Appeals
    • March 1, 1977
    ...the bill, the objection is availing on motion in arrest of judgment, or by motion to quash; otherwise by plea in abatement. Ramsey v. State, 113 Ala. 49, 21 So. 209; Peters v. State, 98 Ala. 38, 13 So. In considering the applicability of Gregg v. Maples, supra, we make the following observa......
  • Spivey v. State
    • United States
    • Alabama Supreme Court
    • June 29, 1911
    ... ... the error is apparent of record, ... [56 So. 234] ... and is fatal, and goes to the organization of the grand jury ... which found and returned the bill, the objection is availing ... on motion in arrest of judgment, or by motion to quash; ... otherwise by plea in abatement. Ramsey v. State, 113 ... Ala. 49, 21 So. 209; Peters v. State, 98 Ala. 38, 13 ... These ... two provisions--one applying to the jury law, and the other ... to indictments--have been often pointed out by this court ... The ... earlier cases were reviewed by Justice Haralson, in ... ...
  • Ex parte Lawler
    • United States
    • Alabama Supreme Court
    • December 16, 1913
    ... ... perfected, had no power to add any other person to said grand ... jury unless the number was reduced below 15. Berry v ... State, 63 Ala. 127; Kilgore's Case, 74 Ala. 1; ... Blevins v. State, 68 Ala. 92; Nordan v ... State, 143 Ala. 13, 39 So. 406; Osborn v ... State, 154 ... as to those while in the process of organization. Peters ... v. State, 98 Ala. 38, 13 So. 334; Ramsey v ... State, 113 Ala. 49, 21 So. 209 ... It will ... be noted that under the language of the statute as it existed ... prior to our ... ...

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