Christian v. State

Appellant was convicted of the offense of violating the Prohibition Laws by having whisky in his possession.

The identical question raised by defendant’s plea in abatement is decided adversely to him in Dabbs v. State, 104 So. 694, 20 Ala. App. 638.

In order to sustain a plea of former jeopardy against appropriate demurrer, it must appear with certainty that the offense for which the defendant was first tried was identical, to a common intent, with the charge in the second indictment, and that there was a verdict of a jury, or an unauthorized withdrawal of the case from the jury, and it would…