The opinion
SAMEORD, J.
The demurrer to the indictment was properly overruled. Lowe v. State, 134 Ala. 154 , 32 South. 273 ; Wooster v. State, 55 Ala. 217 ; Ex parte State, In re Brown, etc., 197 Ala. 419 , 73 South. 35 .
The plea of former jeopardy will not lie in a case of this character. U. S. v. Lanza et al., 43 Sup. Ct. 141, 67 L. Ed. 314 ; Gilbert v. State, ante, p. 104, 95 South. 502 .
There is no error in the record. Let the judgment be affirmed.
Affirmed.