The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1914-12-07
aarte
ohm Rogers,
Petition for msndamus.

Ter 1uflans
This is an application FOR mandamns 10
the judge of the Fourth judicial circuit. 10
compel him 20 change or correct the rec
ord as TO the organization Of the grand
Jury OF Dallas county, the petitioner hay
ms been indicted by said grand jury.
Az to the names OF these jurors who
were excused by the court for answering
In the negative, as TO whether or not
they would ndiot druggists for selling
ooea- cola, cigars. etc. ON Sunday. tho ao-
ton In doing so went to the formation
OF the Grand iuryi and no objection 90 tho
action OF court Is available 10 this petit
toner ms section SeIs OF the code OF
1907 cuts off the right to object to an
indictment as to either the drawing or
formation OF tho grand jury, except whore
the Jurors were not drawn In the pres
once of the officers designated by law,
and said section SsTs IL also contained IN
section 70 OF the jury law (Aet, 1902
Therefore the correction sought. II made
could be OF no avail 10 this petitioner for
II made in accordance with hts contention
IL could not affect tho validity OF tho
indictment against them.
As 10 the action OF the court In cxousing
young Hooper, who was placed ON tho
grand jury through mistake, and then
calling his father, who was tho ono In
tended, and then exouslng him and then
placing Perrin, the next man on the list,
on the grand Jury, we may concede that
this did not so TO the formation OF the
grand jury ms II originally stood. and
that tho record should state thu true
facts. and should yet 10 corrected by tho
trial court II IN session, and II not cor
rect. yet. accepting the petitioners YER
sion as to what was done, we arc OF tho
opinion that tho action OF tho court as set
up In tho motion did not render the grand
jury Illegal SO AS to affect the validity of
indictments returned by II after Perrin
was placed on same. II would therefore
DO useless performance to mandamus
the trial court and require tho correction
of record when, as corrected. Il could
not affect the validity OF the indictment
against the petitioner
The application Is denied
MandamuS denied.
Anderson, c. j.. and Mcclellan. Sayre
and doGraffenred, j j.. concur.
CARD FROM JUDGE CRAIG.
Editor Journal;
My attention has been called TO an
article in The Age Herald In which II Is
alleged that mandamus was sought
against the judge OF this circuit on the
alleged grounds that he stacked his
grand Jury" The mandamus was asked
TO require u correction OF tho minutes
of the court 40 rs TO make them state
tho facts. as understood by the attorneys
| Interested In tho cases In that court, and
Ms understand were not disputed. Tho
| the facts, as understood by the attorneys
| specially state that there was no reason
! for imputlng TO the court more than
mere error!' The attorneys interested be-
| lievcd, and still believe, that tho real
| facts viii show irregularities that under
! the law would render the grand jury re-
| forred TO not legally constituted. This
VAS u matter that In Justice TO the court
as well as the great number OF people in
dieted demanded Investigation. II was
brought before the supreme court. and
| In their decision they say there was no
| error IN tho proceedings referred TO and
sustain Judge Miicrs rulings. | have not
seen the article. Respectfully,
GEORGE IL. CRAIG,
One OF the Attorneys for the Defendant