Opinion

Powell v. State

253 Ala. 41
42 So. 2d 693
1949 Ala. LEXIS 187

Court: Supreme Court of Alabama
Filed: Oct 6, 1949
Status: Published
Author: Brown
On the bench: Brown, Foster, Lawson, Stakely, Simpson
Cited by: 8 cases
Authority: More cited than 75.5%

The opinion

BROWN, Justice.

We are of opinion that the writ of certiorari should be denied-for the reason that the merit of the plea of former jeopardy cannot be tested by petition for writ of habeas corpus, but must be specially pleaded to the indictment or it is waived. Jordan v. State, 81 Ala. 20 , 1 So. 577 .

Writ denied.

FOSTER, LAWSON and SIMPSON, JJ., concur.

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