Hurst v. State

The defendant was charged by indictment with murder in the first degree in that he unlawfully and with malice aforethought killed Malón Parmer, etc. To this indictment the defendant interposed three pleas, the first of which is as follows:

“Elea 1. Comes the defendant and for plea says:- He ought not to be required to answer this indictment, and that the State ought not to prosecute the same against him, because at the Spring Session of the Circuit Court, Barbour County, Alabama, Clayton Division, on to-wit, the 16th day of April, 1929, he was charged-and put upon trial under an indictment, a…