227 So. 2d 816 | Ala. Crim. App. | 1969
Appeal from conviction of second degree burglary: breaking and entering with intent, etc., the Service Department Building of Johnson Chevrolet, Incorporated. Sentence, ten years in the penitentiary. Code 1940, T. 14, § 86.
Preliminary examination is laid down as a mode of determining the regularity of detention before (i. e. without) indictment. See Ex parte Thaggard,
Upon indictment by a properly chosen grand jury, then a determination of there being probable cause has been made so as to hold the accused to answer to a petty jury. Ex parte United States,
In United States ex rel. Hughes v. Gault,
"The Constitution does not require any preliminary hearing before a person charged with a crime against the United States is brought into the Court having jurisdiction of the charge. There he may deny the jurisdiction of the Court as he may deny his guilt, and the Constitution is satisfied by his right to contest it there. * * * "
A preliminary hearing as a means of pretrial discovery has recently received much attention in legal writings. Traynor, Ground Lost and Found in Criminal Discovery, 39 N.Y.U.L.Rev. 228; Symposium,
Had the examining magistrate not taken depositions of the accusing witnesses, such a deficiency would have only been properly brought out by a subpoena duces tecum. Such a failure might then have served as a predicate for a bystander's testimony. Here no predicate was laid to put the matter before the circuit judge on trial of the indictment.
We cannot perceive (because of the alleged lack of such written depositions) any breach of Griffin v. Illinois,
We have reviewed this record under Code 1940, T. 15, § 389 and consider the judgment below should be
Affirmed.