142 Ala. 46
Decided November 15, 1904
Supreme Court of Alabama · decided 1904-11-15
Tried before the Hon. H. J. Lancaster. The appellant in this case was indicted, tried and convicted for-an assault and battery with a weapon. The indictment was preferred by the grand jury of the circuit court of Elmore county on March 10, 1904.
Cited by 1 later decisions — most recently December 1933
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1904-11-15
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¶1The 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, in MS.; Walker v. State, in MS.
¶2Of course, without a valid indictment to support the judgment of conviction, the judgment is ooraon non judice.
¶3Reversed and remanded.