69 So. 242 | Ala. Ct. App. | 1915
(1) Section 7300 of the Code provides, among other things, that when an indictment is found it must be indorsed “a true bill” and the indorsement signed by the foreman of the grand jury. The record here failing to show that the indictment upon which defendant was tried contains such an indorsement signed by the foreman of the grand jury, the judgment of conviction must be reversed.—Whitley v. State, 166 Ala. 43, 52 South. 203; Bilbo v. State, 1 Ala. App. 74, 55 South. 937; Smiley v. State, 11 Ala. App. 67, 65 South. 916.
Hence defendant’s consent to the transfer was not necessary to give the Marengo law and equity court jurisdiction, as he Avas tried there, as seen, after the last-mentioned act was approved and Avas in operation and in effect.
We find no error in the record other than that before pointed out, for which the judgment is reversed, and the cause remanded.
Reversed and remanded.