indictment error in Alabama

1990"In Allen , supra, the appellant was charged in the indictment with a violation of § 13A-6-61 (a)(3), and not forcible compulsion rape under § 13A-6-61 (a)(1), as was the case here.

1987In Allen, supra, the appellant was charged in the indictment with a violation of § 13A-6-61(a)(3), and not forcible compulsion rape under § 13A-6-61(a)(1), as was the case here.

2013Typically, “‘[w]hether a trial court’s denial of a motion to dismiss an indictment was error is reviewed under an abuse-of-discretion standard of review.’” Long v. State, 14 So.3d 184 , 185 n. 1 (Ala.Crim.App.2008) (quoting Hunter v. State, 867 So.2d 361, 362 (Ala.Crim.App.2003)).

2006In Barker v. Wingo , 407 U.S. 514 , 92 S.Ct 2182 , 33 L.Ed.2d 101 (1972), the United States Supreme Court set forth the following factors that must be weighed when reviewing a speedy-trial claim: (1) the length of the delay; (2) the reason for the delay; (3) the accused's assertion of his right to a speedy trial; and (4) the *Page 1178 degree of prejudice the accused suffered because of the delay.

2006In Barker v. Wingo , 407 U.S. 514 , 92 S.Ct 2182 , 33 L.Ed.2d 101 (1972), the United States Supreme Court set forth the following factors that must be weighed when reviewing a speedy-trial claim: (1) the length of the delay; (2) the reason for the delay; (3) the accused's assertion of his right to a speedy trial; and (4) the *Page 1178 degree of prejudice the accused suffered because of the delay.

2001Our refusal to endorse the indictment requirement is also consistent with the views expressed by the Alabama Supreme Court in Ex parte Parker, 740 So.2d 432 (Ala.1999).

1997App.1993), and Locke v. State, 631 So.2d 1062 (Ala.Cr.App.1993), the Court of Criminal Appeals held that a criminal defendant's constitutional right to equal protection under the law has been violated if racial discrimination occurred in the selection of the foreperson of the grand jury that returned the indictment and that that error requires that the indictment be quashed.

1997In Lee v. State , 631 So.2d 1059 (Ala.Cr.App. 1993), and Locke v. State , 631 So.2d 1062 (Ala.Cr.App. 1993), the Court of Criminal Appeals held that a criminal defendant's constitutional right to equal protection under the law has been violated if racial discrimination occurred in the selection of the foreperson of the grand jury that returned the indictment and that that error requires that the indictment be quashed.

1997In Lee v. State , 631 So.2d 1059 (Ala.Cr.App. 1993), and Locke v. State , 631 So.2d 1062 (Ala.Cr.App. 1993), the Court of Criminal Appeals held that a criminal defendant's constitutional right to equal protection under the law has been violated if racial discrimination occurred in the selection of the foreperson of the grand jury that returned the indictment and that that error requires that the indictment be quashed.

1997Quoting from Johnson v. Puckett, 929 F.2d 1067 (5th Cir.), cert. denied, 502 U.S. 898 , 112 S.Ct. 274 , 116 L.Ed.2d 226 (1991), the Court of Criminal Appeals also held that because the denial of equal protection caused by such discrimination is an injury to society as a whole, it does not matter whether the defendant is a member of the racial group discriminated against. [3] In both Lee and Locke the defendants had been convicted of murder, but neither had been sentenced to death.

1997Quoting from Johnson v. Puckett , 929 F.2d 1067 (5th Cir.), cert. denied , 502 U.S. 898 , 112 S.Ct. 274 , 116 L.Ed.2d 226 (1991), the Court of Criminal Appeals also held that because the denial of equal protection caused by such discrimination is an injury to society as a whole, it does not matter whether the defendant is a member of the racial group discriminated against. 3 In both Lee and Locke the defendants had been convicted of murder, but neither had been sentenced to death.

1997Quoting from Johnson v. Puckett, 929 F.2d 1067 (5th Cir.), cert. denied, 502 U.S. 898 , 112 S.Ct. 274 , 116 L.Ed.2d 226 (1991), the Court of Criminal Appeals also held that because the denial of equal protection caused by such discrimination is an injury to society as a whole, it does not matter whether the defendant is a member of the racial group discriminated against. [3] In both Lee and Locke the defendants had been convicted of murder, but neither had been sentenced to death.

1997Quoting from Johnson v. Puckett , 929 F.2d 1067 (5th Cir.), cert. denied , 502 U.S. 898 , 112 S.Ct. 274 , 116 L.Ed.2d 226 (1991), the Court of Criminal Appeals also held that because the denial of equal protection caused by such discrimination is an injury to society as a whole, it does not matter whether the defendant is a member of the racial group discriminated against. 3 In both Lee and Locke the defendants had been convicted of murder, but neither had been sentenced to death.

1997Quoting from Johnson v. Puckett, 929 F.2d 1067 (5th Cir.), cert. denied, 502 U.S. 898 , 112 S.Ct. 274 , 116 L.Ed.2d 226 (1991), the Court of Criminal Appeals also held that because the denial of equal protection caused by such discrimination is an injury to society as a whole, it does not matter whether the defendant is a member of the racial group discriminated against. [3] In both Lee and Locke the defendants had been convicted of murder, but neither had been sentenced to death.

1997Quoting from Johnson v. Puckett , 929 F.2d 1067 (5th Cir.), cert. denied , 502 U.S. 898 , 112 S.Ct. 274 , 116 L.Ed.2d 226 (1991), the Court of Criminal Appeals also held that because the denial of equal protection caused by such discrimination is an injury to society as a whole, it does not matter whether the defendant is a member of the racial group discriminated against. 3 In both Lee and Locke the defendants had been convicted of murder, but neither had been sentenced to death.

1997Quoting from Johnson v. Puckett, 929 F.2d 1067 (5th Cir.), cert. denied, 502 U.S. 898 , 112 S.Ct. 274 , 116 L.Ed.2d 226 (1991), the Court of Criminal Appeals also held that because the denial of equal protection caused by such discrimination is an injury to society as a whole, it does not matter whether the defendant is a member of the racial group discriminated against. [3] In both Lee and Locke the defendants had been convicted of murder, but neither had been sentenced to death.

1997Quoting from Johnson v. Puckett , 929 F.2d 1067 (5th Cir.), cert. denied , 502 U.S. 898 , 112 S.Ct. 274 , 116 L.Ed.2d 226 (1991), the Court of Criminal Appeals also held that because the denial of equal protection caused by such discrimination is an injury to society as a whole, it does not matter whether the defendant is a member of the racial group discriminated against. 3 In both Lee and Locke the defendants had been convicted of murder, but neither had been sentenced to death.

1981Argument by the prosecutor unsupported by the evidence which permits the impression that the defendant is guilty of a crime not charged in the indictment is error Racine v. State , 290 Ala. 225 , 275 So.2d 655 (1973); Moreland v. State , 373 So.2d 1259 (Ala.Cr.App. 1979).

1981Argument by the prosecutor unsupported by the evidence which permits the impression that the defendant is guilty of a crime not charged in the indictment is error Racine v. State , 290 Ala. 225 , 275 So.2d 655 (1973); Moreland v. State , 373 So.2d 1259 (Ala.Cr.App. 1979).

1981Argument by the prosecutor unsupported by the evidence which permits the impression that the defendant is guilty of a crime not charged in the indictment is error Racine v. State , 290 Ala. 225 , 275 So.2d 655 (1973); Moreland v. State , 373 So.2d 1259 (Ala.Cr.App. 1979).

1973In Carody v. Commonwealth, 198 Ky. 440 , 248 S.W. 1013 , the court said that the overruling of the appellant’s motion to dismiss the indictment was not error, because such a motion could not take the place of a formal plea of former jeopardy.

1973In Carody v. Commonwealth, 198 Ky. 440 , 248 S.W. 1013 , the court said that the overruling of the appellant's motion to dismiss the indictment was not error, because such a motion could not take the place of a formal plea of former jeopardy.

1973In Carody v. Commonwealth, 198 Ky. 440 , 248 S.W. 1013 , the court said that the overruling of the appellant’s motion to dismiss the indictment was not error, because such a motion could not take the place of a formal plea of former jeopardy.

1973In Carody v. Commonwealth, 198 Ky. 440 , 248 S.W. 1013 , the court said that the overruling of the appellant's motion to dismiss the indictment was not error, because such a motion could not take the place of a formal plea of former jeopardy.

1965Barnett v. State, 54 Ala. 579 ; City of Birmingham v. Edwards, 18 Ala.App. 459 , 93 So. 233 , cert. denied, 208 Ala. 697 , 93 So. 922 ; Foxx v. State, 26 Ala.App. 146 , 154 So. 912 ; State v. Florian, 355 Mo. 1169 , 200 S.W.2d 64 ; Parish v. State, 145 Tex.Cr.Rep. 117, 165 S.W.2d 748 ; Wimpling v. State, 171 Md. 362 , 189 A. 248 .

1965Barnett v. State, 54 Ala. 579 ; City of Birmingham v. Edwards, 18 Ala.App. 459 , 93 So. 233 , cert. denied, 208 Ala. 697 , 93 So. 922 ; Foxx v. State, 26 Ala.App. 146 , 154 So. 912 ; State v. Florian, 355 Mo. 1169 , 200 S.W.2d 64 ; Parish v. State, 145 Tex.Cr.Rep. 117, 165 S.W.2d 748 ; Wimpling v. State, 171 Md. 362 , 189 A. 248 .

1965Barnett v. State, 54 Ala. 579 ; City of Birmingham v. Edwards, 18 Ala.App. 459 , 93 So. 233 , cert. denied, 208 Ala. 697 , 93 So. 922 ; Foxx v. State, 26 Ala.App. 146 , 154 So. 912 ; State v. Florian, 355 Mo. 1169 , 200 S.W.2d 64 ; Parish v. State, 145 Tex.Cr.Rep. 117, 165 S.W.2d 748 ; Wimpling v. State, 171 Md. 362 , 189 A. 248 .

1965Barnett v. State, 54 Ala. 579 ; City of Birmingham v. Edwards, 18 Ala.App. 459 , 93 So. 233 , cert. denied, 208 Ala. 697 , 93 So. 922 ; Foxx v. State, 26 Ala.App. 146 , 154 So. 912 ; State v. Florian, 355 Mo. 1169 , 200 S.W.2d 64 ; Parish v. State, 145 Tex.Cr.Rep. 117, 165 S.W.2d 748 ; Wimpling v. State, 171 Md. 362 , 189 A. 248 .

1965Barnett v. State, 54 Ala. 579 ; City of Birmingham v. Edwards, 18 Ala.App. 459 , 93 So. 233 , cert. denied, 208 Ala. 697 , 93 So. 922 ; Foxx v. State, 26 Ala.App. 146 , 154 So. 912 ; State v. Florian, 355 Mo. 1169 , 200 S.W.2d 64 ; Parish v. State, 145 Tex.Cr.Rep. 117, 165 S.W.2d 748 ; Wimpling v. State, 171 Md. 362 , 189 A. 248 .

1965Barnett v. State, 54 Ala. 579 ; City of Birmingham v. Edwards, 18 Ala.App. 459 , 93 So. 233 , cert. denied, 208 Ala. 697 , 93 So. 922 ; Foxx v. State, 26 Ala.App. 146 , 154 So. 912 ; State v. Florian, 355 Mo. 1169 , 200 S.W.2d 64 ; Parish v. State, 145 Tex.Cr.Rep. 117, 165 S.W.2d 748 ; Wimpling v. State, 171 Md. 362 , 189 A. 248 .

1965Barnett v. State, 54 Ala. 579 ; City of Birmingham v. Edwards, 18 Ala.App. 459 , 93 So. 233 , cert. denied, 208 Ala. 697 , 93 So. 922 ; Foxx v. State, 26 Ala.App. 146 , 154 So. 912 ; State v. Florian, 355 Mo. 1169 , 200 S.W.2d 64 ; Parish v. State, 145 Tex.Cr.Rep. 117, 165 S.W.2d 748 ; Wimpling v. State, 171 Md. 362 , 189 A. 248 .

1965Barnett v. State, 54 Ala. 579 ; City of Birmingham v. Edwards, 18 Ala.App. 459 , 93 So. 233 , cert. denied, 208 Ala. 697 , 93 So. 922 ; Foxx v. State, 26 Ala.App. 146 , 154 So. 912 ; State v. Florian, 355 Mo. 1169 , 200 S.W.2d 64 ; Parish v. State, 145 Tex.Cr.Rep. 117, 165 S.W.2d 748 ; Wimpling v. State, 171 Md. 362 , 189 A. 248 .

1965Barnett v. State, 54 Ala. 579 ; City of Birmingham v. Edwards, 18 Ala.App. 459 , 93 So. 233 , cert. denied, 208 Ala. 697 , 93 So. 922 ; Foxx v. State, 26 Ala.App. 146 , 154 So. 912 ; State v. Florian, 355 Mo. 1169 , 200 S.W.2d 64 ; Parish v. State, 145 Tex.Cr.Rep. 117, 165 S.W.2d 748 ; Wimpling v. State, 171 Md. 362 , 189 A. 248 .

1965Barnett v. State, 54 Ala. 579 ; City of Birmingham v. Edwards, 18 Ala.App. 459 , 93 So. 233 , cert. denied, 208 Ala. 697 , 93 So. 922 ; Foxx v. State, 26 Ala.App. 146 , 154 So. 912 ; State v. Florian, 355 Mo. 1169 , 200 S.W.2d 64 ; Parish v. State, 145 Tex.Cr.Rep. 117, 165 S.W.2d 748 ; Wimpling v. State, 171 Md. 362 , 189 A. 248 .

1965Barnett v. State, 54 Ala. 579 ; City of Birmingham v. Edwards, 18 Ala.App. 459 , 93 So. 233 , cert. denied, 208 Ala. 697 , 93 So. 922 ; Foxx v. State, 26 Ala.App. 146 , 154 So. 912 ; State v. Florian, 355 Mo. 1169 , 200 S.W.2d 64 ; Parish v. State, 145 Tex.Cr.Rep. 117, 165 S.W.2d 748 ; Wimpling v. State, 171 Md. 362 , 189 A. 248 .

1965Barnett v. State, 54 Ala. 579 ; City of Birmingham v. Edwards, 18 Ala.App. 459 , 93 So. 233 , cert. denied, 208 Ala. 697 , 93 So. 922 ; Foxx v. State, 26 Ala.App. 146 , 154 So. 912 ; State v. Florian, 355 Mo. 1169 , 200 S.W.2d 64 ; Parish v. State, 145 Tex.Cr.Rep. 117, 165 S.W.2d 748 ; Wimpling v. State, 171 Md. 362 , 189 A. 248 .

1929It is now insisted that evidence of other worthless checks given by this defendant about the time of the utterance of the check charged in the indictment was error to a reversal, and to sustain this contention we are cited to the case of Outlin v. State, 22 Ala. App. 640 , 119 So. 246 , and other cases of similar import.

1929It is now insisted that evidence of other worthless checks given by this defendant about the time of the utterance of the check charged in the indictment was error to a reversal, and to sustain this contention we are cited to the case of Outlin v. State, 22 Ala. App. 640 , 119 So. 246 , and other cases of similar import.

1912“Before an objection because of false grammar, incorrect spelling, or mere clerical errors, is entertained, the court should be satisfied of the tendency of the error to mislead, or to leave in doubt as to the meaning a person of common understanding, reading, not for the purpose of finding defects, but to ascertain what is intended to be charged.” — Grant v. State, 55 Ala. 201 .