Williams v. State
Alabama Court of Appeals
Appeal from Circuit Court, Etowah County; W. J. Martin, Judge. Myrtle Williams was convicted of violating the prohibition law, and she appeals. The witnesses for the state testified that they purchased some whisky in Alabama City upon a certain Saturday night, but did not know whether it was a man or woman who sold it to them, and did not know whose Rouse it was at which they got it.
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Appeal from Circuit Court, Etowah County; W. J. Martin, Judge. Myrtle Williams was convicted of violating the prohibition law, and she appeals. The witnesses for the state testified that they purchased some whisky in Alabama City upon a certain Saturday night, but did not know whether it was a man or woman who sold it to them, and did not know whose Rouse it was at which they got it. This case should be reversed — first, because the evidence is not sufficient to sustain the conviction; and, second, because the plea of former jeopardy was good. Section 9, Const. 1901; section 1222, Code 1907;…
1Opinion of the CourtBricken, P. J.
[1] As an answer to the indictment charging this defendant with violation of the prohibition law, the defendant interposed a plea of former jeopardy alleging therein that for this identical offense this defendant had been put upon trial and convicted in the mayor’s court of Alabama City. The court properly sustained the demurrers to this plea. Bell v. State, 16 Ala. App. 36, 75 South. 181, and Ex parte Bell, 200 Ala. 361, 76 South. 1, are conclusive of this question. See, also, Acts 1915, p. 724.
In the instant case the plea showed upon its face that the offense there charged was not for a…
2Cases cited5 opinions
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- Bell v. StateAlabama Court of Appeals · 1917
- Howard v. StateAlabama Court of Appeals · 1920
- Ex Parte BellSupreme Court of Alabama · 1917
- Martin v. StateAlabama Court of Appeals · 1918
3Cited by3 opinions
- Register v. StateAlabama Court of Appeals · 1922
- Morgan v. StateAlabama Court of Appeals · 1925
- Marchman v. StateAlabama Court of Appeals · 1926