Public-domain · open source
OpenJurist

57 Ala. App. 452

Pendleton v. State

Court of Criminal Appeals of Alabama

Decided October 1, 1975

Court of Criminal Appeals of Alabama · decided 1975-10-01

Cited by 3 later decisions — most recently October 1982

3 state decisions

Relies on 50 Ala. App. 285 - Nelson v. State · Goulden v. State · 51 Ala. App. 328 - Strickland v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1975-10-01

View the full empirical analysis of this case →

TYSON, Judge

¶1(concurring).

¶2The precise point here at issue, namely, the failure of the indictment to show the quo modo of the offense in question in a murder case, was decided by this Court in Nelson v. State, 50 Ala.App. 285, 278 So.2d 734.

¶3Moreover, on rehearing, we held that after submission it was too late to allow a petition for certiorari to correct the rec*454ord. See Nelson, supra, and authorities therein cited.

¶4Recently, this Court has adopted the same position with reference the failure of the indictment to have been endorsed “a true bill.” Strickland v. State, 51 Ala.App. 328, 285 So.2d 492, mandamus denied, 292 Ala. 751, 292 So.2d 450; and in Goulden v. State, 53 Ala.App. 278, 299 So.2d 323, cert. denied 292 Ala. 704, 299 So.2d 325.

¶5The rationale behind the disallowance of tardy petitions to correct the record is well explained in the. authorities cited in the foregoing opinions.

/57/alaapp/452 · .json · Public domain