Harris v. State

Decision Date17 January 1901
Citation128 Ala. 41,29 So. 581
PartiesHARRIS v. STATE.
CourtAlabama Supreme Court

Appeal from city court of Montgomery; A. D. Sayre, Judge.

Griffin Harris was convicted of assault with intent to kill, and sentenced to the penitentiary for two years, and appeals. Affirmed.

John G Finley, for appellant.

Chas G. Brown, Atty. Gen., for the State.

HARALSON J.

It is not denied that the same act may constitute an offense both against the state and municipal corporation, and the state and municipality may each punish it without violation of constitutional principle. Cooley, Const. Lim. 139; Dill. Mun Corp. § 368; Mayor, etc., v. Allaire, 14 Ala. 400; Craig v. Burnett, 32 Ala. 728; Ex parte Burnett, 30 Ala. 461. Of course, the authority of corporations is limited by their charter powers, and must be exercised in conformity therewith. Ex parte Mayor, etc., of City of Anniston, 90 Ala 516, 7 So. 779; 17 Am. & Eng. Enc. Law, 236.

In the case before us, George Young, the party assaulted, made an affidavit before the sergeant of police of the city of Montgomery, charging that defendant, within the limits of the city, county and state, and within the police jurisdiction of the city of Montgomery, did assault and beat him by cutting him; and on this affidavit, on the day of its date,-the 13th July, 1900,-the sergeant of police issued a warrant to any lawful officer of the state, reciting the contents of the affidavit, and commanding him to arrest the accused and bring him before the recorder. The warrant was executed, and defendant was duly tried by the recorder, and found guilty of an assault and battery as charged in the complaint, and a fine of $25 was assessed against him, in default of the payment of which defendant was sentenced to hard labor for the city of Montgomery for 28 days. He performed the hard labor sentence. On the 28th July 1900, at the July term of the city court of Montgomery, defendant was indicted for an assault with intent to murder said George Young, and was convicted thereof and sentenced by said court to two years' imprisonment in the penitentiary. The defendant pleaded in bar of the prosecution in the city court, the fact of his trial and conviction before the recorder for having committed an assault and battery, alleging in his plea, that the offense with which he was then charged in said city court "is based upon and is of the same transaction and assault as alleged in the first prosecution...

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9 cases
  • Smith v. City of Irondale
    • United States
    • Alabama Court of Criminal Appeals
    • 2 janvier 1974
    ...we must now set aside cases such as City of Mobile v. Allaire, 14 Ala. 400; Englehardt v. State, 88 Ala. 100, 7 So. 154; Harris v. State, 128 Ala. 41, 29 So. 581; Black v. State, 144 Ala. 92, 40 So. 611; Bell v. State, 200 Ala. 364, 76 So. 1; Howell v. City of Fort Payne, 246 Ala. 315, 20 S......
  • Bell v. State
    • United States
    • Alabama Court of Appeals
    • 3 avril 1917
    ... ... rule, long followed and firmly established, was that a ... judgment in a municipal or recorder's court was not ... pleadable in defense to a prosecution of the same offense in ... the state courts. Engelhardt v. State, 88 Ala. 100, ... 7 So. 154; Mayor v. Allaire, 14 Ala. 400; Harris ... v. State, 128 Ala. 41, 29 So. 581; Mayor v ... Fitzpatrick, 133 Ala. 616, 32 So. 252; Moses v ... Mayor, 52 Ala. 207. However, the adoption of section ... 1222 in the Code of Alabama of 1907 changed this rule and ... made a judgment in a recorder's court a bar to a ... prosecution in ... ...
  • Slayton v. State, 7 Div. 818.
    • United States
    • Alabama Court of Appeals
    • 27 février 1945
    ...lower court. This did not constitute a bar to the proceedings in the County Court. Ex parte Bell, 200 Ala. 364, 76 So. 1; Harris v. State, 128 Ala. 41, 29 So. 581. disclosure in the record clearly entitled the State to the affirmative charge in its favor on the plea of former jeopardy. We a......
  • Howell v. City of Ft. Payne
    • United States
    • Alabama Supreme Court
    • 18 janvier 1945
    ...ruling the Court of Appeals held to be error, and reversed the judgment of conviction. STAKELY, Justice. In the case of Harris v. State, 128 Ala. 41, 29 So. 581, this court said: 'It is not denied that the same act constitute an offense both against the state and municipal corporation, and ......
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