166 Ala. 42
Decided February 3, 1910
Supreme Court of Alabama · decided 1910-02-03
Heard before Hon. J. J. Ray. Eliza Whitley was convicted of mnrder and she appeals. Counsel discuss the merits of the case as raised by the charges and the evidence, but do not discuss the points decided. Counsel discuss the case as presented by the appellant with citation of authority, and on motion for rehearing insists that the indictment was properly endorsed, and that the clerk was guilty of a clerical error in failing to so show in the transcript.
Relies on Mose v. State · Eads v. Murphy
Good law ✅— No negative treatment on recordhow we know
Reversed and remanded · Decided 1910-02-03
Cited by 26 later decisions — most recently July 1986 · most notably Roan v. State (1932), 501 So. 2d 1136 - City of Dothan v. Holloway (1986)
26 state decisions
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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¶1The transcript of the- record in this case shows no valid indictment. There is no indorsement on the indictment, as required by section 7800 of the Code of 1907, to wit, “A true bill,” signed by the foreman of the grand jury. Until an indictment is so indorsed, there is no valid indictment.—Mose v. State, 35 Ala. 425, 426; Winston v. State, 52 Ala. 520.
¶2No valid indictment having been shown, it is useless to consider the other rulings of the court.
¶3Reversed and remanded.