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16 Ala. App. 665

81 So 185

Bachelor v. State

Alabama Court of Appeals

Decided January 14, 1919

Alabama Court of Appeals · decided 1919-01-14

Edgar Bachelor was convicted of violating the prohibition law, and appeals. The following is the plea referred to; The defendant says the state ought not to further prosecute this indictment against him, because before the finding of said indictment a criminal prosecution against him for the identical offense charged in said indictment was begun in the county court of Elmore county, and said prosecution is still pending.

Relies on Moore v. State · Sherrod v. State · Gustin v. State

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1919-01-14

How this case has been cited

Cited by 8 later decisions — most recently December 1998

8 state decisions

40191919201930194019501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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BROWN, P. J.

¶1 The defendant’s plea, setting up the pendency of a prosecution in the county court instituted, before the commencement of this prosecution, is in proper form, and embodies all the averments required by the statute (Code 1907, § 7571), and the court committed reversible error in striking the plea from the files on the motion of the solicitor. Code 1907, § 7570; Sherrod v. State, 14 Ala. App. 57, 71 South. 76; Gustin v. State, 10 Ala. App. 171, 65 South. 302; Moore v. State, 71 Ala. 307.

¶2 Reversed and remanded.

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