Butler v. State

The defendant was convicted in the city court of Thomasville of the offense of possessing unstamped whisky. At a previous term of the court he had been arraigned for the same offense and the proceedings resulted in a mistrial. Upon the trial now under review the defendant file'd a timely written plea of former jeopardy which was dismissed on demurrer, and that judgment was assigned as error. The case proceeded to a verdict and judgment in favor of the State; a motion for new trial was denied, and exceptions were taken to that judgment. The plea of former jeopardy .alleged the following facts:…