Brown v. City of Tuscaloosa
Supreme Court of Alabama
Appeal from Tuscaloosa County Court. Heard before Hon. Henry B. Foster. Will Brown was convicted of violating a city ordinance, and he appeals.
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Appeal from Tuscaloosa County Court. Heard before Hon. Henry B. Foster. Will Brown was convicted of violating a city ordinance, and he appeals. Defendant was convicted of violating a prohibition ordinance of the city of Tuscaloosa on a warrant issued, by the recorder on May 21, 1914. He appealed to the county court, and was there tried on December 4, 1914, and convicted on the charge of doing prohibited acts “on or about May 21,. 1914.” On that trial he filed several special pleas setting up a former trial and acquittal on the same charges now presented. This issue was tried on an agreed…
1Opinion of the CourtSomerville, J.
It is in effect conceded by counsel for defendant, and the record itself is' conclusive of the fact, that the offense for which defendant was previously tried, and of which he was acquitted, was not the offense with which he is presently charged. It is, however, the conception of counsel that the mere introduction on the former trial of the evidence now used to support the present charge placed defendant in some danger of a conviction of this offense, however irrelevant the evidence, and however unauthorized and wrongful such a conviction would have been, and that such a danger was a legal…
2Cases cited4 opinions
- Hall v. StateSupreme Court of Alabama · 1901
- People v. McDanielsCalifornia Supreme Court · 1902
- Dominick v. StateSupreme Court of Alabama · 1867
- Martha v. StateSupreme Court of Alabama · 1855
3Cited by10 opinions
- Mikell v. StateSupreme Court of Alabama · 1941
- United States v. WillsCourt of Appeals for the Third Circuit · 1929
- Coburn v. StateCourt of Criminal Appeals of Alabama · 1982
- Eastep v. StateAlabama Court of Appeals · 1933
- Smith v. StateCourt of Criminal Appeals of Alabama · 1989
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