Oliver v. State

BOULDIN, Justice.

Arthur Oliver was convicted of murder in the first degree and his punishment fixed at death. For decision on former appeal, see Oliver v. State, 232 Ala. 5, 166 So. 615.

On the second trial, now for review, the defendant interposed a plea of former acquittal of the charge under the counts of the indictment on which he was being tried. Demurrers to this plea were sustained. The basis of the plea was this:

The indictment charged the defendant with the murder of his wife, Vidie Oliver, in numerous counts. These counts varied in their averments of the means by which the alleged…