Alexander v. State

RICE, Judge.

Appellant was tried, before a jury, under an indictment charging him with the unlawful possession of prohibited liquors.

His plea in abatement, not being verified by oath, and its truth not appearing by any matter of record, Or other written evidence accompanying said plea, was, of course, properly stricken on motion of the State. Code 1928, § 5197.

And- it is well settled that a plea of “former jeopardy” will not be considered unless it is filed before the interposition of the plea of “not guilty.”

A great many exceptions were reserved on the trial of this cause in the court below.…