27 Ala. 640 | Ala. | 1855
The first count is clearly insufficient, as will appear by Martin’s Ex’rs v. Martin, 25 Ala. R. 201. The demurrers to the two amended counts, which aver a prosecution of the defendant before the grand jury, and that said jury refused to find a true bill against him for the killing of the slave, should have been overruled. The case of Nelson v. Bondurant, 26 Ala. R. 341, sustains these two counts.
The objection, that the counts or plaints do not specify the
Judgment reversed, and cause remanded.