Slayton v. State

CARR, Judge.

Appellant was convicted by a jury in DeKalb County Court on a charge of assault and battery, from which judgment of conviction this appeal is prosecuted.

A demand for a trial by jury was duly entered.

To the complaint defendant filed a special plea of former jeopardy, in which he alleged he had been tried and convicted for the same offense in the Mayor’s Court in the City of Fort Payne for the violation of the State law. The State joined issue on this plea. Over the objection of appellant the court proceeded to hear the testimony in support of the issues thus, formed without the aid…