Gilbert v. State

BRICKEÑ, 1?. J.

In answer to the indictment, which charged that the defendant did distill, make, or manufacture alcoholic, spirituous, malted, or mixed liquors or beverages a part of which was alcohol, the defendant interposed a plea of former jeopardy, or autre fois acquit; said plea aver ring that this defendant had been tried for this identical offense in the District Court of the United States for the Southern Division of the Northern District of Alabama, at Birmingham, Ala., and that at such trial the defendant was acquitted, etc.

The state demurred to this plea on the ground that it was…