Brewer v. State

SAMFORD, J.. It is first contended that the court erred in sustaining the state’s demurrer to defendant’s pléas of former jeopardy.

The rulings of the court on demurrer to plea 1 may be disposed of for the very obvious reason that the plea does not aver an abuse of the discretion placed in the trial judge by section 8696 of the Code of 1923. The statute fixes the reason for a discharge of the jury and of necessity leaves it to the opinion or discretion of the judge or court to determine whether or not the reason as fixed by law really exists. Andrews v. State, 174 Ala. 11, 56 So. 998, Ann.…