Alabama Court of Appeals, 1917

Cooper v. State

Cooper v. State
Alabama Court of Appeals · Decided May 29, 1917 · Bricken
75 So. 624; 16 Ala. App. 76; 1917 Ala. App. LEXIS 137 (Southern Reporter)

Cooper v. State

Opinion of the Court

BRICKEN, J.

The defendant was indicted, tried, and convicted for the offense of assault with intent to murder. Before pleading to the indictment, the defendant interposed a plea of former jeopardy, setting up that he had already been convicted of the offense 'of carrying a pistol concealed about his person or on premises not his own or under his control. Demurrers to this1 plea were interposed and sustained by the court, and it is here insisted that the court erred in sustaining the demurrers.

It needs1 no citation of authorities in holding that the court committed no error in sustaining the demurrers to the plea of former jeopardy, as said plea was no answer- to the indictment in this case. This being the. only question presented for review, and there being no error in the record, an affirmance must follow.

Affirmed.

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