121 Ala. 41 | Ala. | 1898
— We do not think an extended discussion of this case is necessary. We are of opinion that' the point involved here is determinable against the petitioners for the writ of habeas corpus upon what is said in the case of Ex parte Robinson, 108 Ala. 161. It may be that what is there declared bearing upon the precise question presented here was not necessary to the decision of that case, and hence was in a sense dictum; but whether necessary to that case or not it is necessary to this, and as we are fully impressed with the soundness of the principle as there expounded, we adopt that exposition as the law of this case. It is there said, as has been several times directly adjudged by this court, that no plea of former conviction, or former acquittal, or former jeopardy can be predicated upon a preliminary hearing or its result. It is there noted that there is no statutory limitation upon the number of times a person may be charged with a given, .crime, arrested, brought
Beversed and rendered.