Ratley v. State

Alabama Court of Appeals

Ratley v. State

65 So. 682, 11 Ala. App. 104, 1914 Ala. App. LEXIS 14

CourtAlabama Court of Appeals

DecidedJune 18, 1914

StatusPublished

Cited by1 cases

This text of 65 So. 682 (Ratley v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ratley v. State, 65 So. 682, 11 Ala. App. 104, 1914 Ala. App. LEXIS 14 (Ala. Ct. App. 1914).

Pincite

Opinion

WALKER, P. J.

-The defendant’s conviction in the recorder’s court of the city of Ozark of a violation of an ordinance of that municipality was not pleadable as a defense to the indictment in this case, which charged him with a felony, and the state’s demurrer to the plea which sought to set up that conviction as a defense was properly sustained. — Code, §§ 1216, 1221; Tarver v. State, 9 Ala. App. 18, 64 South. 161; Harris v. State, 2 Ala. App. 116, 56 South. 55. No question of the constitutional validity of any provision contained in section 1221 of the Code was suggested in the argument submitted in behalf of the appellant on the original submission of the cause. It may be said, however, that nothing said in the opinion rendered in the case of Jackson v. State, 136 Ala. 96, 33 South. 888, indicates that a conviction of a violation of a municipal ordinance can be pleaded as a bar to a prosecution for the commission of a felony.

The counsel for the appellant has not argued any other ruling which is presented for review, and no error is found in any of the court’s rulings.

Affirmed.

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WALKER, P. J.

-The defendant’s conviction in the recorder’s court of the city of Ozark of a violation of an ordinance of that municipality was not pleadable as a defense to the indictment in this case, which charged him with a felony, and the state’s demurrer to the plea which sought to set up that conviction as a defense was properly sustained. — Code, §§ 1216, 1221; Tarver v. State, 9 Ala. App. 18, 64 South. 161; Harris v. State, 2 Ala. App. 116, 56 South. 55. No question of the constitutional validity of any provision contained in section 1221 of the Code was suggested in the argument submitted in behalf of the appellant on the original submission of the cause. It may be said, however, that nothing said in the opinion rendered in the case of Jackson v. State, 136 Ala. 96, 33 South. 888, indicates that a conviction of a violation of a municipal ordinance can be pleaded as a bar to a prosecution for the commission of a felony.

The counsel for the appellant has not argued any other ruling which is presented for review, and no error is found in any of the court’s rulings.

Affirmed.

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Bluebook (online)

65 So. 682, 11 Ala. App. 104, 1914 Ala. App. LEXIS 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ratley-v-state-alactapp-1914.

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