Brown v. State, 1 Div. 141.
| Citation | 240 Ala. 589,200 So. 634 |
| Decision Date | 27 February 1941 |
| Docket Number | 1 Div. 141. |
| Parties | JAMES BROWN v. STATE. |
| Court | Alabama Supreme Court |
Certiorari to Court of Appeals.
Geo A. Sossaman, of Mobile, for petitioner.
Thos. S. Lawson, Atty. Gen., opposed.
Petition of James Brown for certiorari to the Court of Appeals to review and revise the judgment and decision of that Court in the case styled Brown v. State, 200 So. 630.
Writ denied.
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7 cases
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Bolden v. State
...which does not allege intent to steal same property); Brown v. State, 30 Ala.App. 27, 31, 200 So. 630, 633, cert. denied, 240 Ala. 589, 200 So. 634 (1941) (larceny and embezzlement are not identical in law). Quite obviously, neither offense is a lesser included offense of the other. See Sch......
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Campbell v. State
...have been sustained. The rule was recently restated in our case of Brown v. State, 30 Ala.App. 27, 200 So. 630, certiorari denied 240 Ala. 589, 200 So. 634. The established test to which plea of former jeopardy must be subjected is, whether the facts averred in the second indictment, if fou......
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Baldwin v. State
...same identical act. Another test often applied by the courts is stated in Brown v. State, 30 Ala.App. 27, 200 So. 630, cert. denied 240 Ala. 589, 200 So. 634: 'As we see it, the established test to which a plea of former jeopardy must be subjected is, whether the facts averred in the second......
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Sporl v. City of Hoover
...Baldwin v. State, 47 Ala.App. 136, 141, 251 So.2d 633 (1971) (quoting Brown v. State, 30 Ala.App. 27, 200 So. 630, cert. denied, 240 Ala. 589, 200 So. 634 (1941) ) (interpreting prior Title 15, § 287, Code of Alabama 1940, which is identical to the present statute), this court "As we see it......
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