Mitchell v. State
Alabama Court of Appeals
Appeal from Circuit Court, Morgan County; Robert C. Brickell, Judge. Earley Mitchell and Coleman Prince were convicted under an indictment charging them with placing an obstruction or impediment upon railroad tracks in a manner rendering liable any engine, car, or other vehicle thereon to be thrown from the track. From the judgment of conviction, they appeal.
1Dissent
In order to sustain a plea of former jeopardy against an appropriate demurrer, it must appear with certainty to a common intent from the averments of the plea that the offense or some grade or degree thereof charged in the second indictment was embraced in the first indictment.
"This is ascertained by applying the established test whether the facts alleged in the indictment for the latter offense, if proved to be true, would warrant a conviction on the first indictment." Foster v. State, 39 Ala. 233; Harrison v. State,36 Ala. 248; Henry v. State, 33 Ala. 389; Gordon v. State,71 Ala. 315;…
2Cases cited18 opinions
- Gunter v. StateSupreme Court of Alabama · 1887
- Gordon v. StateSupreme Court of Alabama · 1882
- Henry v. StateSupreme Court of Alabama · 1859
- Hurst v. StateSupreme Court of Alabama · 1888
- Martha v. StateSupreme Court of Alabama · 1855
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