Carter v. State
Supreme Court of Alabama
Appeal from Pike Criminal Court. Tried before the Hon. William H. Parks. The appellant was indicted, tried and convicted for using abusive, insulting or obscene language in the presence or hearing of a female. The defendant pleaded not guilty and former jeopardy. The solicitor for the State replied «orally to said pleas.
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Appeal from Pike Criminal Court. Tried before the Hon. William H. Parks. The appellant was indicted, tried and convicted for using abusive, insulting or obscene language in the presence or hearing of a female. The defendant pleaded not guilty and former jeopardy. The solicitor for the State replied «orally to said pleas. The defendant asked that the replication be put in writing, whereupon the State ordered the solicitor to put it in writing, and permitted the solicitor to proceed with the trial, and to subsequently write out his replication. To this action of the court the defendant duly…
1Opinion of the CourtHead, J.
The special pleadings in this case are peculiar. The defendant was tried upon an indictment charging the statutory offense of using abusive language, &c. In connection with the plea of not guilty, he interposed in bar of the prosecution, what he termed a special jilea of “former jeopardy," in which he alleged that he had theretofore “been put in jeopardy, in this cause, to-wit, in this : on the 26th of January, 1895, W. W. Pryor made complaint, and affidavit before R. G. Jackson, a justice of the peace for Pike county, Alabama, which charged the same offense as in this cause charged, that…
2Cited by8 opinions
- Cox v. StateCourt of Criminal Appeals of Alabama · 1991
- Wiley v. StateAlabama Court of Appeals · 1914
- Turney v. StateSupreme Court of Alabama · 1910
- Jordan v. StateAlabama Court of Appeals · 1915
- Wiggs v. StateAlabama Court of Appeals · 1912
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