Palmer v. State
Alabama Court of Appeals
Appeal from Marion Circuit Court. Heard before Hon. C. P. Almon. Hez Palmer and another were convicted of an offense,, and they appeal.
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Appeal from Marion Circuit Court. Heard before Hon. C. P. Almon. Hez Palmer and another were convicted of an offense,, and they appeal. The following is the plea in abatement: “Defendant Hez Palmer alleges that heretofore, to wit, at the February, 1910, term of the circuit court of Marion county,. Alabama, this defendant and Jennie Langston, with Avhonii he Avas jointly indicted, were tried on the indictment herein; that on said trial defendants jointly plead not guilty, and evidence was introduced on the issue' tendered by said plea, and a verdict Ava,s rendered on. said trial by the jury…
1Opinion of the CourtWalker, P. J.
The -defendant’s plea of former jeopardy in setting out. a trial at a previous term on an issue then tendered by his plea of not guilty to the indictment in this case, on which trial evidence was introduced and a verdict rendered, undoubtedly showed that he has been in former jeopardy.—Scott v. State, 110 Ala. 48, 20 South. 468. It is not denied that that plea was subject to demurrer, but it was not subject to ob*131jection on either of the grounds assigned in the demurrer actually interposed to it. Obviously the first and third grounds of the demurrer were untenable. The second ground suggested…
2Cases cited4 opinions
- Gunter v. StateSupreme Court of Alabama · 1887
- Scott v. StateSupreme Court of Alabama · 1895
- Coburn v. StateSupreme Court of Alabama · 1907
- State v. McFarlandSupreme Court of Alabama · 1898
3Cited by2 opinions
- Oliveri v. StateAlabama Court of Appeals · 1915
- McKinney v. StateAlabama Court of Appeals · 1920