113 Ala. 49 | Ala. | 1896
Notwithstanding the argument in support of the action of the city court, in relation to the constitution of the grand jury, we are constrained by our former decisions, and particularly by the case of Peters v. State, 98 Ala. 38, referring to many of the prior decisions, to declare that the city court erred in overruling the motion of the appellant in arrest of judgment. It is to be regretted that errors of this kind are not of in
The judgment is reversed and the cause remanded ; the prisoner -will remain in custody, until discharged by due course of law.
Reversed and remanded..