Stadt v. State
Alabama Court of Appeals
Violating Prohibition Law. Appeal from Jefferson Criminal Court. Heard before Hon. William E. Fort. O. E. Stadt was convicted of violating the prohibition law, and he appeals.
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Violating Prohibition Law. Appeal from Jefferson Criminal Court. Heard before Hon. William E. Fort. O. E. Stadt was convicted of violating the prohibition law, and he appeals. Plea 2 sets up in brief that for the same or substantially the same offense alleged to have been committed on the same date, and testified to by the same witnesss, on an indictment charging the same offense, this defendant was put upon trial in a court of competent juris-' diction, and a jury was selected, impaneled, and sworn to try him upon said charge. Plea 3 alleges, in addition to the above facts, that the jury is…
1Opinion of the CourtThomas, J.
The defendant was tried and convicted upon a charge of selling unlawfully spirituous, vinous, or malt liquors. He pleaded to the indictment the general issue and two special pleas of former jeopardy, numbered, respectively, 2 and 3, to each of which latter the solicitor filed a demurrer. The court sustained it as to the second plea, but overruled it as to the third, and upon the trial of the issue presented by this plea (plea third), as well as upon the trial of the issue presented by the plea of the general issue, the jury returned a verdict against the defendant and in favor of the state.
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2Cases cited6 opinions
- Gordon v. StateSupreme Court of Alabama · 1882
- Andrews v. StateSupreme Court of Alabama · 1911
- Calhoun v. Hannan & MichaelSupreme Court of Alabama · 1888
- Gilman, Son & Co. v. JonesSupreme Court of Alabama · 1888
- Milligan v. PollardSupreme Court of Alabama · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Gibson v. StateAlabama Court of Appeals · 1916
- Ex parte Stadt v. StateSupreme Court of Alabama · 1915