Wooley v. State

The defendant was charged in the indictment with selling or keeping for sale spirituous, vinous, or malt liquors.

A plea of former conviction was interposed, averring that the defendant had “heretofore, on, to wit, the 8th day of March, 1923, been convicted in the circuit court of Mobile county, Ala., on an indictment charging him with the offense set forth and embraced in the indictment in this cause.” There was demurrer to the plea on the grounds: (1) That it failed to allege that the offense charged in the former proceeding was the same as the one of which defendant is charged in this case;…