Public-domain · open source
OpenJurist

11 Ala. App. 104

Ratley v. State

Alabama Court of Appeals

Decided June 18, 1914

Alabama Court of Appeals · decided 1914-06-18

Heard before Hon. M. Sollie. (This case was reversed and remanded by the Supreme Court in the case of Ex parte Ratley,• 66 South. 147.) Raymond Ratley was convicted of assault with intent to murder, and he appeals. The plea of former jeopardy set up all the proceedings in the mayor’s court of Ozark showing the arrest and conviction of defendant in said municipal court of section 215, defining and punishing an assault, or an assault and battery.

Cited by 1 later decisions — most recently June 1915

1 state decisions

Relies on Harris v. State · Jackson v. State · Tarver v. State

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1914-06-18

View the full empirical analysis of this case →

WALKER, P. J.

¶1-The defendant’s conviction in the recorder’s court of the city of Ozark of a violation of an ordinance of that municipality was not pleadable as a defense to the indictment in this case, which charged him with a felony, and the state’s demurrer to the plea which sought to set up that conviction as a defense was properly sustained. — Code, §§ 1216, 1221; Tarver v. State, 9 Ala. App. 18, 64 South. 161; Harris v. State, 2 Ala. App. 116, 56 South. 55. No question of the constitutional validity of any provision contained in section 1221 of the Code was suggested in the argument submitted in behalf of the appellant on the original submission of the cause. It may be said, however, that nothing said in the opinion rendered in the case of Jackson v. State, 136 Ala. 96, 33 South. 888, indicates that a conviction of a violation of a municipal ordinance can be pleaded as a bar to a prosecution for the commission of a felony.

¶2The counsel for the appellant has not argued any other ruling which is presented for review, and no error is found in any of the court’s rulings.

¶3Affirmed.

/11/alaapp/104 · .json · Public domain