THORN v. STATE

8 Div. 905.

98 So.2d 859 (1957)

Hosea THORN v. STATE.

Court of Appeals of Alabama.

Rehearing Denied September 20, 1957.


Attorney(s) appearing for the Case

Bill Fite, Hamilton, for appellant.

John Patterson, Atty. Gen., and Robt. P. Bradley, Asst. Atty. Gen., for the State.


CATES, Judge.

The general way to accuse a man of a felony is by indictment, Amendment XXXVII, Constitution, which replaced Section 8 thereof. To be an indictment, the accusation must be a writing "presented" by a grand jury. Code 1940, T. 15, § 228, McGee Crim.Proc. in Alabama, pp. 87 and 88. Being formulary acts, its mode of presentment and its indorsement as a true bill prescribed by law (Code 1940, T. 15, § 250, and T. 30, § 89) are mandatory, McMullen...

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