110 So. 474 | Ala. Ct. App. | 1926
Lead Opinion
Appellant was convicted of the offense of unlawfully being in possession of prohibited liquors.
A discussion of the evidence would not be helpful. It was ample to support the verdict returned.
The defendant interposed two special pleas of autre fois acquit, and by far the strongest insistence is that the trial court committed reversible error in sustaining the state's demurrers separately to each of them. So far as we can see, the pleas follow substantially the form laid down in Code 1923 (section 5205). And, under the authority of the opinion of this court by Samford, J., in Savage v. State,
The exceptions reserved on the taking of testimony may not arise on another trial, and *577 no contribution of value would be made to the law by passing upon them here.
For the error in sustaining the demurrers to the defendant's pleas No. 1 and No. 2, the judgment is reversed, and the cause remanded.
Reversed and remanded.
Dissenting Opinion
I do not accord to the reversal of the judgment of conviction in this case. My opinion is that an affirmance should be ordered. The court properly sustained demurrers to defendant's pleas 1 and 2. These pleas are no answer to the indictment, and the trial court so held. My opinion is that my associates are wholly wrong in the conclusion reached and in their reasons therefor. A careful reading of this record convinces me that the conviction of this appellant, in the court below, was properly had, and that the entire proceeding was without error.