Ratley v. State
Supreme Court of Alabama
Certiorari to Court of Appeals. Raymond Ratley was convicted of an assault with intent to murder, and on appeal to the Court of Appeals, judgment of the trial court was affirmed. He brings certiorari to review and revise such judgment. Counsel insists that the plea of former jeopardy was improperly overruled, and in support thereof cites the authorities to be found in his brief in 11 Ala.
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Certiorari to Court of Appeals. Raymond Ratley was convicted of an assault with intent to murder, and on appeal to the Court of Appeals, judgment of the trial court was affirmed. He brings certiorari to review and revise such judgment. Counsel insists that the plea of former jeopardy was improperly overruled, and in support thereof cites the authorities to be found in his brief in 11 Ala. App. 104. Counsel use same authorities as set out in their brief in the former appeal, 11 Ala. App. 104.
1Opinion of the Court
de GRAFFENRIED, J.
Sections 1221 and 1222 of the Code of 1907 are, in substance, the same provisions which at one time formed a part of the charter of the city of Montgomery, and which were construed by this court in Jackson v. State, 136 Ala. 96, 33 South. 888.
*108While the city of Ozark has an ordinance which provides a punishment for assaults and batteries, the affidavit in this case charged the defendant, Ratley, with an offense which is a crime under the laws of the state. It matters not, theivefore, in so far as this case is concerned, whether the recorder, in this prosecution, proceeded…
2Cases cited5 opinions
- Moore v. StateSupreme Court of Alabama · 1882
- Harris v. StateAlabama Court of Appeals · 1911
- Jackson v. StateSupreme Court of Alabama · 1902
- Adams v. City of TroyAlabama Court of Appeals · 1911
- Culpepper v. AdamsAlabama Court of Appeals · 1911
3Cited by5 opinions
- Wilkerson v. StateAlabama Court of Appeals · 1961
- Johns v. StateAlabama Court of Appeals · 1915
- Hazelton v. StateAlabama Court of Appeals · 1915
- Ex Parte WilliamsAlabama Court of Appeals · 1921
- City of Birmingham v. BrownAlabama Court of Appeals · 1915