Skinner v. State
| Decision Date | 09 February 1905 |
| Citation | 38 So. 242,142 Ala. 46 |
| Parties | SKINNER v. STATE. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Elmore County; H. J. Lancaster, Judge.
Arthur Skinner was indicted and convicted of assault and battery with a weapon, in the circuit court of Elmore county, on March 10, 1904, and he appeals. Reversed.
Massey Wilson, Atty. Gen., for the State.
The indictment upon which the defendant was convicted is void, not having been preferred by a grand jury organized at a time when the circuit court for Elmore county could be legally held. Kidd v. Burke (Ala.) 38 So. 241; Walker v. State (Ala.) 38 So. 241. Of course, without a valid indictment to support the judgment of conviction, the judgment is coram non judice.
Reversed and remanded.
To continue reading
Request your trial
-
State ex rel. Chick v. Davis
...Court, 60 P. 38, 516; Lawson v. Pulaski, 3 Ark. 1; Johnson v. Cement Co., 60 Cal. 648, Am. Ann. Cas. 1912-B, pp. 180-181; Skinner v. State, 142 Ala. 46; State v. Bowman, 73 Iowa 110; Walker State, 142 Ala. 32; State v. Weinbrenner, 67 Iowa 230; Com. v. Colton, 11 Gray (Mass.), 1; Brumley v.......
-
Cobbs v. Norville, 1 Div. 758.
...v. Burke, 142 Ala. 625, 38 So. 241; Shamblin v. Hall, 123 Ala. 541, 26 So. 285; Patton v. State, 160 Ala. 111, 49 So. 809; Skinner v. State, 142 Ala. 46, 38 So. 242; Pickens et al. v. Clark, 203 Ala. 544, 84 So. Ex parte State ex rel. Smith, Atty. Gen. (State v. Thurman), 205 Ala. 677, 88 S......