# Powell v. State

> Supreme Court of Alabama · October 6, 1949 · 253 Ala. 41

URL: https://www.frixlaw.com/law-library/cases/3249355

## Case

- **Full name:** Powell v. State.
- **Court:** Supreme Court of Alabama
- **Decided:** October 6, 1949
- **Citations:** 253 Ala. 41; 42 So. 2d 693; 1949 Ala. LEXIS 187
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Brown
- **Judges:** Brown, Foster, Lawson, Stakely, Simpson
- **Cited by:** 8 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/3249355

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3249355. Public record. Not legal advice.