Leigeber v. State
Alabama Court of Appeals
Appeal from Circuit Court, Cullman County ; Robert O. Brickell, Judge. John Leigeber was indicted for a violation of the prohibition law, and was convicted of having in his possession more than two quarts of spirituous liquors, and from the judgment he appeals. Plea 3 was good, and the demurrers interposed should not have been sustained. Acts 1915, p. 724, §§ 1221, 1222; 16 Ala.
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Appeal from Circuit Court, Cullman County ; Robert O. Brickell, Judge. John Leigeber was indicted for a violation of the prohibition law, and was convicted of having in his possession more than two quarts of spirituous liquors, and from the judgment he appeals. Plea 3 was good, and the demurrers interposed should not have been sustained. Acts 1915, p. 724, §§ 1221, 1222; 16 Ala. App. 36, 75 South. 181; 155 Ala. 78, 46 South. 491; 136 Ala. 96, 33 South. 888. A plea of guilty cannot be shown, except by judgment entry. 188 Ala. 9, 65 South. 972; 143 Ala. 88, 89 South. 293, 111 Am. St. Rep. 17;…
1Opinion of the Court
SAMFORD, J
As a defense, to the indictment in this case in the circuit court, the defendant filed several pleas, in substance setting up former jeopardy by reason of his conviction of the offense in the mayor’s court of Cullman, in which pleas it is alleged that the offense for which he was tried by the mayor was for a violation of the state law, and that he was found guilty by the mayor and fined $500, for the identical offense here charged.
[1, 2] The pleas do not follow the form laid down in the Code for a plea of former jeopardy, and therefore might have been subject to some grounds of…
2Cases cited3 opinions
- Bell v. StateAlabama Court of Appeals · 1917
- Brooke v. StateSupreme Court of Alabama · 1908
- Ex Parte BellSupreme Court of Alabama · 1917
3Cited by4 opinions
- Hendrix v. StateAlabama Court of Appeals · 1922
- Harmon v. StateAlabama Court of Appeals · 1926
- Morgan v. StateAlabama Court of Appeals · 1925
- Marchman v. StateAlabama Court of Appeals · 1926