Cast v. State
Alabama Court of Appeals
Appeal from Shelby County Court. Heard before Hon. E. S. Lyman. W. Clinton Cast was convicted of using abusive or insulting language, and demurrer having been sustained to bis plea of former jeopardy, be appeals. The plea was in Code form, and set up a perfect defense to the action, and hence, the demurrers thereto were improperly sustained. —Secs. 1221-2, and 7574, Code 1907; Culpepper v. Adams, 1 Ala. App. 536.
1Opinion of the CourtPelham, J.
Sections 1221 and 1222 of the Code are intended to prevent a double punishment for the same act or conduct. — Culpepper v. Adams, 1 Ala. App. 536, 537, 55 South. 325, 326. Section 1222 expressly provides that:
“When any person has been tried by any municipal court for a misdemeanor or for violation of an ordinance committed within the police jurisdiction of the municipality the judgment shall bar a prosecution for the same, or substantially the same, offense in the state courts.”
The defendant was indicted in the court below for an offense against the state laws, the indictment charging him…
2Cases cited2 opinions
- Dowling v. City of TroyAlabama Court of Appeals · 1911
- Culpepper v. AdamsAlabama Court of Appeals · 1911
3Cited by3 opinions
- Hurst v. StateAlabama Court of Appeals · 1930
- Johns v. StateAlabama Court of Appeals · 1915
- Smith v. StateAlabama Court of Appeals · 1929