Stone v. State
Supreme Court of Alabama
Appeal from Baldwin Circuit Court. Heard before Hon. Samuel B. Browne. From a conviction of murder, Thomas Stone appeal». for the State. Demurrers were properly sustained to the replication. — Lyman v. The State, 47 Ala. 86; Lewis v. The State, 121 Ala. 1. The defendant was estopped from pleading former jeopardy. — Lewis v. The State, supra; Morrissette v. The State, 77 Ala. 71; State v. McFarland, 121 Ala. 48.
1Opinion of the CourtDenson, J.
In this cause the defendant interposed the plea of former jeopardy, and a demurrer to the plea by the state was sustained by the trial court. This ruling of the court is the only question presented by the record for decision.
The facts forming the foundation of the plea show that on a previous day of the term a jury was impaneled, sworn, and accepted by the state and by the defendant to try the case, but that after it was accepted, and before defendant renewed his plea of not guilty, the defendant filed his motion in writing to quash the venire, because in the copy served upon him the names of…
2Cited by9 opinions
- Lee v. StateAlabama Court of Appeals · 1943
- City of Birmingham v. WillsSupreme Court of Alabama · 1912
- Noel v. StateSupreme Court of Alabama · 1909
- Blocher v. StateIndiana Supreme Court · 1912
- State v. Woo Dak SanNew Mexico Supreme Court · 1930
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