Gustin v. State
Alabama Court of Appeals
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. J. Y. Gustin was convicted of violating the prohibition law, and he appeals.
Read the full summary
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. J. Y. Gustin was convicted of violating the prohibition law, and he appeals. The following is the plea of former jeopardy: Defendant says that this cause should not be had and further maintained against him because on, to wit, August 1, 1913, defendant was charged by the city of Decatur, Morgan county, Ala., with selling, keeping for sale, offering for sale, or otherwise disposing of spirituous, vinous, or malt liquors, contrary to law, and on or about said day tried before the mayor of said city for said alleged…
1Opinion of the CourtThomas, J.
The demurrers filed by the state to defendant’s plea of former jeopardy were properly sustained. The plea was defective on two grounds pointed out by the demurrer. In the first place, it appears that the prosecution before the recorder of the city of New Decatur, which is set up in the plea as a bar to the present prosecution, was not commenced until after the present, prosecution, and while it was still pending and undertermined. Section 1222 of the Code, providing in effect that a conviction or acquittal of a violation of a municipal ordinance shall bar a prosecution in the state court for…
2Cases cited6 opinions
- Gordon v. StateSupreme Court of Alabama · 1882
- Henry v. StateSupreme Court of Alabama · 1859
- Foster v. StateSupreme Court of Alabama · 1864
- Woodward v. StateAlabama Court of Appeals · 1912
- Harmon v. StateAlabama Court of Appeals · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Jay v. StateAlabama Court of Appeals · 1916
- Sherrod v. StateAlabama Court of Appeals · 1916
- Sherrod v. StateSupreme Court of Alabama · 1916
- Lane v. City of TuscaloosaAlabama Court of Appeals · 1914
- Lane v. City of TuscaloosaAlabama Court of Appeals · 1915
3 more not listed; retrieve them via the Exa API.