Biggers v. State

Defendant’s demurrers to the state’s replication to defendant’s plea of former jeopardy were properly overruled. Treadaway v. State, 18 Ala. App. 409, 92 So. 529.

According to the state’s evidence, the difficulty, out of which grew this prosecution, began in defendant’s house and continued without interruption until defendant had gone to his father’s house about 300 yards away, returned with a'gun and pistol, and been disarmed. Everything happening between the parties relating to the difficulty was a part of the res gestae, and admissible in evidence. Watson v. State, 19 Ala. App. 59, 94 So.…