Morgan v. State

This appeliant, defendant in the court below, was charged by indictment with the offense of violating the Prohibition Law of the state, in that she unlawfully had in her possession a large quantity of prohibited liquor, some 3y2 gallons of homemade whisky.

In answer to the indictment, and as a defense thereto, she interposed a plea of former jeopardy, setting up that for this identical offense she had already been convicted in the mayor’s court of the city of Eufaula, Ala., on the 3d day of April, 1924.

The state demurred to the plea of “autrefois convict,” and, among other grounds, insisted…