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17 Ala. App. 497

85 So 851

Schroeder v. State

Alabama Court of Appeals

Decided May 18, 1920

Alabama Court of Appeals · decided 1920-05-18

Goldsby, Judge. William Schroeder was convicted of violating the prohibition law, and appeals.

Cited by 6 later decisions — most recently June 1954

6 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1920-05-18

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MERRITT, J.

¶1[1] The defendant appeals from a conviction in the circuit court of Mobile county, where he was charged with a violation of the prohibition laws. Prosecution was begun by a complaint filed in the inferior court of Mobile, and from a conviction in that court the defendant appealed to the circuit court. No bill of exceptions appears in the record, and the cause is presented for review on the record. It does, however, appear from the record that in the circuit court the defendant filed a plea of •former jeopardy, to which demurrers were interposed and sustained. The court was clearly right in sustaining the demurrers, for the plea did not disclose that the offense charged in the affidavit was the same as the one alleged in the plea, and the same offense for which the defendant had already been tried.

¶2An examination of the entire record discloses that the proceedings were regular, ancf that the defendant was legally tried, convicted, and sentenced; and, this so appearing, the judgment must be affirmed.

¶3Affirmed.

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