Schroeder v. State ( 1920 )

On Rehearing.

[2] 'Conceding, without deciding, that the point raised by appellant on application for rehearing, viz. that a plea of former jeopardy need only aver that the offenses were in substance precisely the same, or that they were of the same nature or the same species, so that the evidence which supported the one would support the other, is well taken, yet there is another distinguishing feature in this case which necessitates the affirmance of the action of the lower court in sustaining-the demurrers to the plea of former jeopardy. The plea sets up that the defendant was charged in the recorder’s court with the same offense or a similar offensei This was no bar to a prosecution in the circuit court for the same act. Code 1907, § 1222; Acts 1915, p. 724; Bell v. State, 16 Ala. App. 36, 75 South. 181; Ex parte Bell, 200 Ala. 364, 76 South. 1.

Application overruled.