Jackson v. State

RICHARD L. HUNDLEY, Circuit Judge.

Defendant maintains the circuit court erred in disallowing her pleas of former jeopardy. She based these pleas on her acquittal in the City of Fairhope Recorder’s Court of a charge of petit larceny. She contends that she was prosecuted twice for a single incident of alleged shoplifting: once by the city for petit larceny and then again by the State, in the case at hand, for grand larceny.

The State filed no motion to strike or demurrer. The issue of jeopardy was not tried before the issue of guilt was tried. The trial court simply heard arguments as to the…