Ratley v. State
Alabama Court of Appeals
Appeal from Dale Circuit Court. Heard before Hon. M. Sollie. (This case was reversed and remanded by the Supreme Court in the case of Ex parte Ratley,• 66 South. 147.) Raymond Ratley was convicted of assault with intent to murder, and he appeals.
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Appeal from Dale Circuit Court. Heard before Hon. M. Sollie. (This case was reversed and remanded by the Supreme Court in the case of Ex parte Ratley,• 66 South. 147.) Raymond Ratley was convicted of assault with intent to murder, and he appeals. The plea of former jeopardy set up all the proceedings in the mayor’s court of Ozark showing the arrest and conviction of defendant in said municipal court of section 215, defining and punishing an assault, or an assault and battery. The conviction before the mayor’s court was former jeopardy, and it was sufficiently stated in the plea to which…
1Opinion of the CourtWalker, P. J.
-The defendant’s conviction in the recorder’s court of the city of Ozark of a violation of an ordinance of that municipality was not pleadable as a defense to the indictment in this case, which charged him with a felony, and the state’s demurrer to the plea which sought to set up that conviction as a defense was properly sustained. — Code, §§ 1216, 1221; Tarver v. State, 9 Ala. App. 18, 64 South. 161; Harris v. State, 2 Ala. App. 116, 56 South. 55. No question of the constitutional validity of any provision contained in section 1221 of the Code was suggested in the argument submitted in…
2Cases cited3 opinions
- Harris v. StateAlabama Court of Appeals · 1911
- Jackson v. StateSupreme Court of Alabama · 1902
- Tarver v. StateAlabama Court of Appeals · 1914
3Cited by1 opinion
- Johns v. StateAlabama Court of Appeals · 1915