Bell v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. J. H. Sheeeey, Special Judge. The indictment in this case, under which the appellant, Tom Bell, was tried and convicted, charged that defendant carried a pistol concealed about his person. When the case was called for trial, a plea of former conviction was interposed.
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Appeal from the Circuit Court of Madison. Tried before the Hon. J. H. Sheeeey, Special Judge. The indictment in this case, under which the appellant, Tom Bell, was tried and convicted, charged that defendant carried a pistol concealed about his person. When the case was called for trial, a plea of former conviction was interposed. The plea showed that the defendant had “already been twice arraigned, and twice fined for the very same and identical offense, with which he now stands indicted before this court.” It alleged that the offense with which defendant was charged was a misdemeanor of…
1Opinion of the CourtMcOLELLAN, J.
The court is of opinion that the provision in the act of December 12, 1888, entitled “An act to establish a new charter for the city of Huntsville, ” to the effect that a person who has-been arraigned before- the mayor for a violation of a municipal ordinance cannot for the same act be prosecuted upon affidavit by the State before any other court or judicial officer, but must be proceeded against, if at all, before said mayor as ex officio justice of the peace, is not a subject expressed in, covered or suggested by said title, nor *89necessary or proper to the full rounding of an enactment upon…
2Cases cited3 opinions
- Ballentyne v. WickershamSupreme Court of Alabama · 1883
- Division of Howard CountySupreme Court of Kansas · 1875
- Lockhart v. City of TroySupreme Court of Alabama · 1872
3Cited by15 opinions
- Alford v. State ex rel. Attorney GeneralSupreme Court of Alabama · 1910
- Grambs v. City of BirminghamSupreme Court of Alabama · 1919
- State v. DavisSupreme Court of Alabama · 1900
- Ham v. State ex rel. BuckSupreme Court of Alabama · 1908
- Board of Revenue of Jefferson County v. HewittSupreme Court of Alabama · 1921
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