White v. State
Supreme Court of Alabama
Ebom tbe City Court o£ Mobile. Tried before tbe Hon. O. J. Semmes. Tbe indictment in tbis case contained six counts, to eacb of wbicb a demurrer was interposed, “because said count does not allege tbat tbe alleged attempt to obtain money was made witb intent to injure or defraud, or tbat said pretenses were made with any intent to injure or defraud.”
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Ebom tbe City Court o£ Mobile. Tried before tbe Hon. O. J. Semmes. Tbe indictment in tbis case contained six counts, to eacb of wbicb a demurrer was interposed, “because said count does not allege tbat tbe alleged attempt to obtain money was made witb intent to injure or defraud, or tbat said pretenses were made with any intent to injure or defraud.” Tbe court overruled tbe demurrer, as to tbe first, fifth, and sixth counts, wbicb were as follows : (1.) “Tbat William F. White did falsely pretend to tbe Louisville & Nashville Railroad Company, a corporation duly incorporated under tbe…
1Opinion of the CourtSomeryille, J.
1. Tlie several pleas in abatement, setting up the fact of the pendency of another indictment against the defendant for the same offense, at the time of the commencement of the present prosecution, presented no sufficient defense to the present indictment by way of abatement, or otherwise. “The pendency of an indictment is no ground for a plea in abatement to another indictment, in the same court, for the same cause.” — "Wharton’s Cr. Pl. & Pr., § 431; Code, 188G, §§ 4390-4394. But an acquittal or conviction, under either indictment, would be a good plea in bar to the other indictment, in a…
2Cases cited3 opinions
- Mobile & Montgomery Railway Co. v. YeatesSupreme Court of Alabama · 1880
- Dutton v. StateIndiana Supreme Court · 1854
- Carlisle v. StateSupreme Court of Alabama · 1884
3Cited by33 opinions
- Ex Parte GriffithSupreme Court of Alabama · 1965
- Ex Parte McDonoughCalifornia Supreme Court · 1915
- Smith v. StateCourt of Criminal Appeals of Alabama · 1978
- Winter v. StateSupreme Court of Alabama · 1898
- Davis v. StateSupreme Court of Alabama · 1890
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