9 Port. 487
Decided June 15, 1839
Supreme Court of Alabama · decided 1839-06-15
This was an indictment for selling spirituous liquor i to a slave, without the permission of the owner. A motion.was made .to quash the indictment in the court below, because, 1. The indictment does not show that the grand jury who found the bill were then and there empanneled, charged and sworn, thereby omitting a venire to the jury; 2. That the indictment does not contain the names of the grand jurors.
Good law ✅— No negative treatment on recordhow we know
Decided 1839-06-15
Cited by 3 later decisions — most recently March 1946
3 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 objections to the indictment cannot be sustained. The venire to the grand jury, as well as the names of the grand jurors, constitute a part of the caption, and need not be introduced in the indictment. In the case referred to, of The People vs. Gunnsey, (3 Johnson’s Cases,) the objection was to the caption, not to the body of the indictment.
¶2The judgment is affirmed.