Legal Opinion

Treadaway v. State

Alabama Court of Appeals

Decided January 17, 1922No. 6 Div. 912. [fn*]PublishedCited by 13 opinions

Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. George Treadaway was convicted of violating the prohibition law and he appeals. The first count charged the selling, offering for sale, or keeping for sale, etc., of prohibited liquors. The second count charged that subsequent to January 15, 1919, the defendant did keep or have in his possession or receive or' possess prohibited liquors, etc.

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Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. George Treadaway was convicted of violating the prohibition law and he appeals. The first count charged the selling, offering for sale, or keeping for sale, etc., of prohibited liquors. The second count charged that subsequent to January 15, 1919, the defendant did keep or have in his possession or receive or' possess prohibited liquors, etc. Plea B is as follows: B. Comes the defendant, and for his plea denies that this honorable court has jurisdiction to try, hear, or determine the same on the merits in this: Prior to this…

1Opinion of the Court

SÁMEORD, J.

[1, 2] The defendant filed two pleas in abatement, the first being as follows;

“Comes this defendant, and for Ms plea in abatement says that prior to the time this warrant and affidavit issued against Mm he was arrested, tried, and convicted under a charge of the same identical offense as charged herein, he was the same the identical defendant in that same said charge, that the same the identical facts were the same as here relied on in this same case, which said trial and said charge was had and did take place in the recorder’s court of the city of Bessemer, Jefferson county, the…

2Cases cited3 opinions

  1. Bell v. StateSupreme Court of Alabama · 1896
  2. Sherrod v. StateSupreme Court of Alabama · 1916
  3. Gibson v. StateAlabama Court of Appeals · 1916

3Cited by13 opinions

  1. Welch v. StateAlabama Court of Appeals · 1938
  2. Woods v. StateCourt of Criminal Appeals of Alabama · 1975
  3. Massey v. StateCourt of Criminal Appeals of Alabama · 1972
  4. Anthony v. City of BirminghamSupreme Court of Alabama · 1940
  5. Biggers v. StateAlabama Court of Appeals · 1925

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