Howell v. City of Fort Payne

STAKELY, Justice.

In the case of Harris v. State, 128 Ala. 41, 29 So. 581, this court said: “It is not denied that the same act may constitute an offense both against the state and municipal corporation, and the state and municipality may each punish it without violation of constitutional principle.” In the foregoing case the defendant upon a charge of assault with intent to murder pleaded in bar of the prosecution the fact of his trial and conviction before the recorder for having committed an assault and battery, alleging in substance in his plea that the offense with which he was then…