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114 Ala. 690

Parker v. State

Supreme Court of Alabama

Decided November 15, 1896

Supreme Court of Alabama · decided 1896-11-15

Tried before the Hon. John Moore. The appellant, Osborne Parker, was tried and convicted under the following indictment: “The grand jury of said county charge that before the finding of this indictment Osborne Parker, with intent to steal, broke into and entered the dwell-house of Augustus Moore, alias Gus Moore, against the peace and dignity of the State of Alabama.” After the return of the verdict of guilty, the defendant moved the court in arrest of judgment, upon the…

Relies on Griffith v. State · Grant v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1896-11-15

How this case has been cited

Cited by 5 later decisions — most recently December 1977

5 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam. —

¶1The indictment in this case was fatally defective and the motion in arrest of judgment should have been granted. In the case of Griffith v. The State, 90 Ala. 583, the indictment omitted the letters “ght” from the word “aforethought” ; and while recognizing the general rule that a mere clerical error, or misspelling, or the omission of letters, did not necessarily vitiate an indictment, the omission was fatal. In the case of Grant v. State, 55 Ala. 201, the omission of the letter “d” from the word “gold” was held to be a mere clerical error, not affecting the sense or sound of the word, and did not vitiate the indictment. Unless we depart from these decisions, we must hold the indictment bad in the present case. Great precision should be preserved in matters which vitally affect the life and liberty of the citizen ; and we are not willing to relax the rule in this respect laid down by our predecessors.

¶2Reversed and remanded.

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