Harris v. State

de GRAFFENRIED, J.

Section 1221 of the Code of 1907 provides that no judgment of acquittal rendered by a recorder shall be a bar to a prosecution by tbe state in any case where tbe facts or offense charged constitute a felony under tbe laws of the state of Alabama. It was tbe manifest purpose of tbe Legislature, when it adopted tbe above provision, to free tbe state from any embarrassment, in a prosecution for a felony, that might arise because of a conviction or acquittal by a recorder of the defendant of a misdemeanor or of a violation of a municipal ordinance which is a misdemeanor under…