Phipps v. State

CARR, Judge.

This appeal is here on the record without a transcription of the testimony.

In the court below the appellant was convicted of vagrancy.

The complaint follows substantially the code form and was sufficient against the demurrers interposed thereto. Title 15, Sec. 259, form 111, Code 1940; Collier v. State, 16 Ala.App. 425, 78 So. 419; Hill v. State, 25 Ala.App. 100, 141 So. 362.

Defendant’s plea of former jeopardy is stated in the following language: “Now comes the defendant and says that he has been tried within twelve months for the same offense and that said cause was nol prossed,…