Moss v. State
Alabama Court of Appeals
Appeal from Criminal Court, Jefferson County; A. I-I. Alston, Judge. Andy Moss was convicted of murder in tile second degree, and he appeals. The defendant in this case was tried in the criminal court of Jefferson county under an indictment charging him with murder in the first degree, in that he had killed Barton Haggerty by shooting him with a pistol. On the trial of the cause the defendant pleaded former jeopardy, which defense he set up in 18 different pleas.
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Appeal from Criminal Court, Jefferson County; A. I-I. Alston, Judge. Andy Moss was convicted of murder in tile second degree, and he appeals. The defendant in this case was tried in the criminal court of Jefferson county under an indictment charging him with murder in the first degree, in that he had killed Barton Haggerty by shooting him with a pistol. On the trial of the cause the defendant pleaded former jeopardy, which defense he set up in 18 different pleas. It appears from the judgment entry that the court sustained demurrers to all of these pleas except pleas 7, 17, and IS, and…
1Opinion of the CourtSamford, J.
[1] There are no demurrers in the record assailing the pleas; hence assignments of error predicated on these rulings cannot be reviewed by this court. L. & N. R. R. Co. v. McCool, 167 Ala. 645, 52 South. 656; Wade v. State, 170 Ala. 33, 54 South. 171; Carland & Co. v. Burke, 197 Ala. 435, 73 South. 10; 2 Mayf. Dig. 181, subd. 945.
[2] On a plea of former jeopardy, the burden of proof is on the defendant to reasonably satisfy the jury of the truthfulness of the ple¿. The decisions as to the burden of proof in cases of self-defense do not apply to pleas of former jeopardy. Oakley v. State, 135…
2Cases cited6 opinions
- Barber v. StateSupreme Court of Alabama · 1907
- Parsons v. StateSupreme Court of Alabama · 1913
- J. C. Carland & Co. v. BurkeSupreme Court of Alabama · 1916
- Meadows v. StateSupreme Court of Alabama · 1902
- Louisville & Nashville R. R. v. McCoolSupreme Court of Alabama · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Liverpool London Globe Ins. Co v. McCreeSupreme Court of Alabama · 1924
- People v. StephensIllinois Supreme Court · 1921
- Hampton v. StateCourt of Criminal Appeals of Alabama · 1984
- Lovejoy v. StateSupreme Court of Alabama · 1945
- Hurst v. StateAlabama Court of Appeals · 1930
5 more not listed; retrieve them via the Exa API.