Supreme Court of Alabama April 10, 1941, 4 Div. 195. (Jordan v. State)

BOULDIN, Justice.

In Ganaway v. State, 22 Ala. 772, this court, by majority opinion, held the inherent power of the court to preserve its records by substitution of lost records on clear proof, did not apply to a lost indictment. The views of the Justices are expressed in three opinions. The chance for mistake in parol proof on so vital a matter was stressed. For the prevailing rule, see 31 C.J.