Supreme Court of Alabama, 1898

Black v. State

Black v. State
Supreme Court of Alabama · Decided November 15, 1898 · McClellan
123 Ala. 78

Black v. State

Opinion of the Court

McCLELLAN, C. J.

The plea of former conviction was fatally defective in not setting out the affidavit on which the alleged former trial was had.—Henry v. State, 33 Ala. 389; Foster v. State, 39 Ala. 229; Baysinger v. State, 77 Ala. 60; Cross v. State, 117 Ala. 73; Hollis v. State, ante, p. 74.

If the State should have been put to its demurrer to this plea, the error in adjudging it bad oh the motion to strike could not have prejudiced the defendant since the motion specifically pointed out its defects, and thus afforded defendant every advantage he would have had upon demurrer. — Code, §4333.

Affirmed!

Case-law data current through December 31, 2025. Source: CourtListener bulk data.