Gamlin v. State

95 So. 505, 19 Ala. App. 119, 1923 Ala. App. LEXIS 36

Opinion

SAMEORD, J.

The demurrer to the indictment was properly overruled. Lowe v. State, 134 Ala. 154, 32 South. 273; Wooster v. State, 55 Ala. 217; Ex parte State, In re Brown, etc., 197 Ala. 419, 73 South. 35.

The plea of former jeopardy will not lie in a case of this character. U. S. v. Lanza et al., 43 Sup. Ct. 141, 67 L. Ed. 314; Gilbert v. State, ante, p. 104, 95 South. 502.

There is no error in the record. Let the judgment be affirmed.

Affirmed.