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McKINNON v. STATE

5 Div. 480.

43 So.2d 419 (1949)

McKINNON v. STATE.

Supreme Court of Alabama.

December 15, 1949.

Attorney(s) appearing for the Case

A. A. Carmichael, Atty. Gen., and Hugh F. Culverhouse and Jas. T. Hardin, Asst. Attys. Gen., for the petition.

Walker & Walker and R. C. Smith, of Opelika, opposed.

BROWN, Justice.

Section 240, Title 15, Code of 1940 first appeared in the Code of 1852 as § 563. It provides: "The indictment must be certain as to the person charged; but when his name is unknown to the grand jury, it may be so alleged without further identification." [Italics supplied.]

As observed in Morningstar v. State, 52 Ala. 405, 407: "There are authorities at common law, that when the name of the person charged is to the grand jurors unknown...

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