Legal Opinion

Ex Parte Bell

Supreme Court of Alabama

Decided May 31, 1917No. 6 Div. 608PublishedCited by 12 opinions

Certiordri to Court of Appeals. Joe Bell was convicted of violation of the prohibition law, and appealed to Court of Appeals where judgment was affirmed (75 South. 181), and defendant petitions for certiorari.

1Opinion of the CourtGardner, J.

As a defense to the prosecution of this cause in the state court, the defendant filed several pleas, in substance setting up former jeopardy by reason of his conviction in the mayor’s court of Bessemer. The demurrer of the state to said picas was sustained by the trial court, and the ruling affirmed in the Court of Appeals. 75 South. 181. The Court of Appeals treats only one ground of demurrer, which they considered vital, numbered 8, and which reads as follows:

“Because the offense set forth in said plea was an offense against the city of Bessemer for tie violation of a municipal ordinance…

2Cases cited4 opinions

  1. Bell v. StateAlabama Court of Appeals · 1917
  2. Brooke v. StateSupreme Court of Alabama · 1908
  3. Jackson v. StateSupreme Court of Alabama · 1902
  4. Harris v. StateSupreme Court of Alabama · 1900

3Cited by12 opinions

  1. Coursey v. City of AndalusiaAlabama Court of Appeals · 1931
  2. Leigeber v. StateAlabama Court of Appeals · 1920
  3. Slayton v. StateAlabama Court of Appeals · 1945
  4. Hendrix v. StateAlabama Court of Appeals · 1922
  5. Schroeder v. StateAlabama Court of Appeals · 1920

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