# Mitchell v. State

> Alabama Court of Appeals · November 12, 1918 · 16 Ala. App. 635

URL: https://www.frixlaw.com/law-library/cases/3225185

## Case

- **Full name:** MITCHELL Et Al. v. STATE
- **Court:** Alabama Court of Appeals
- **Decided:** November 12, 1918
- **Citations:** 16 Ala. App. 635; 80 So. 730; 1918 Ala. App. LEXIS 304
- **Precedential status:** Published
- **Opinion:** Addendum
- **Judges:** Bricken, Brown
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3225185

## Opinion text

On Rehearing.
On rehearing the majority of the court are of the opinion that the conclusion reached by BROWN, P.J., in his dissenting opinion, and his reasons therefor, are correct, which results in the application for rehearing made by the state being granted, and that the judgment of reversal be set aside, and the judgment of conviction in the lower court be affirmed. In this the writer does not concur, but adheres to the original opinion as being correct, and is of the opinion that the plea of former jeopardy does not show any favorable action of the court at the instance of the defendant such as would estop the defendants from pleading that they had been formerly placed in jeopardy under a valid indictment for the same offense of which they were convicted on the second trial. To the contrary, the plea shows an adverse ruling to the defendants, *Page 638
to which ruling of the court they duly reserved an exception.
Other questions raised on this appeal are free from error.
Application for rehearing granted, judgment of reversal set aside, and judgment of conviction affirmed.
Application granted, reversal set aside, judgment of conviction affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3225185. Public record. Not legal advice.