Black v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Escambia. Tried before the Hon. J. W. Postee. The appellant, 'Joe Black, was indicted, tried and convicted for betting at a game played with cards or dice, or some device for cards or dice, in a public bouse, highway or some other public place, or at an outhouse where people resort.
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Appeal from the Circuit Court of Escambia. Tried before the Hon. J. W. Postee. The appellant, 'Joe Black, was indicted, tried and convicted for betting at a game played with cards or dice, or some device for cards or dice, in a public bouse, highway or some other public place, or at an outhouse where people resort. The defendant filed the following plea of former conviction: “And now comes the defendant by attorney and pleads and says that the State of Alabama ought not further to prosecute the said indictment against him because, to-wit, at the mayor’s court of the town of Brewton, Avliich…
1Opinion of the CourtMcCLELLAN, C. J.
The plea of former conviction was fatally defective in not setting out the affidavit on which the alleged former trial was had.—Henry v. State, 33 Ala. 389; Foster v. State, 39 Ala. 229; Baysinger v. State, 77 Ala. 60; Cross v. State, 117 Ala. 73; Hollis v. State, ante, p. 74.
If the State should have been put to its demurrer to this plea, the error in adjudging it bad oh the motion to strike could not have prejudiced the defendant since the motion specifically pointed out its defects, and thus afforded defendant every advantage he would have had upon demurrer. — Code, §4333.
Affirmed!
2Cases cited4 opinions
- Henry v. StateSupreme Court of Alabama · 1859
- Foster v. StateSupreme Court of Alabama · 1864
- Cross v. StateSupreme Court of Alabama · 1897
- Baysinger v. StateSupreme Court of Alabama · 1884
3Cited by6 opinions
- Holloway v. StateAlabama Court of Appeals · 1952
- Louisville & Nashville R. R. v. SmithSupreme Court of Alabama · 1909
- Pittman v. StateAlabama Court of Appeals · 1951
- Wooley v. StateAlabama Court of Appeals · 1924
- Holloway v. StateAlabama Court of Appeals · 1952
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