107 Ala. 146 | Ala. | 1894
The special pleadings in this case are peculiar. The defendant was tried upon an indictment charging the statutory offense of using abusive language, &c. In connection with the plea of not guilty, he interposed in bar of the prosecution, what he termed a special jilea of “former jeopardy," in which he alleged that he had theretofore “been put in jeopardy, in this cause, to-wit, in this : on the 26th of January, 1895, W. W. Pryor made complaint, and affidavit before R. G. Jackson, a justice of the peace for Pike county, Alabama, which charged the same offense as in this cause charged, that upon said complaint said Jackson had jurisdiction to finally try and determine said cause and
It will thus be noticed that the only special issue raised upon the record, for trial before the jury, was whether the offense ivas committed more than sixty days before the prosecution was begun; hence it is that the several questions raised on the trial, as to what occurred before the justice of the peace, were irrelevant and immaterial. That which the court was asked to admit, on that line, was no more than what was in legal effect' confessed by the pleadings, and to reject it was not reversible error.
There was no error in the refusals of the court to exclude the portions of the solicitor’s argument to which objections were made.
It was within the discretion of the court to permit the replication to be written out after the trial on the facts began. The defendant was denied no right to demur to it, after it was written out, if he had desired to pursue that course.
The undisputed evidence sustained the replication, viz. : that the alleged offense, if committed at all, was committed more than sixty days before the prosecution
Tt was clearly within the province of the jury to determine whether the language imputed to the defendant by Minnie Pryor was insulting or vulgar or not. Charges 1, 2, 3 and 7 were, therefore, properly refused.
Charges 4, 5 and six were mere arguments.
We have no jurisdiction to revise the rulings of the lower court on motions for now trials in criminal cases. That jurisdiction is confined, by the statute, to civil eases. The bill of exceptions recites that the proper venue was proven.
There is no error in the record.
Affirmed.