State v. Blevins
| Decision Date | 28 June 1902 |
| Citation | 32 So. 637,134 Ala. 213 |
| Parties | STATE v. BLEVINS. |
| Court | Alabama Supreme Court |
Appeal from city court of Mobile; O. J. Semmes, Judge.
Application of Willie Blevins for a writ of habeas corpus to secure petitioner's release from custody. From an order discharging the petitioner, the state appeals. Affirmed.
Chas G. Brown, Atty. Gen., and James E. Webb, for the State.
Leslie B. Shelden, for appellee.
This appeal is prosecuted by the state from an order of the judge of the city court of Mobile discharging the petitioner on habeas corpus.
The prisoner was arrested on a warrant issued by the judge of the inferior criminal court of Mobile county, on an affidavit made by one Mary Junius, charging the defendant with an assault and battery on the affiant. The warrant was made returnable before the judge of said inferior criminal court. A day was set for the trial, and at which time the trial was entered upon; the defendant interposing the plea of not guilty. After the introduction of evidence by the state and defense, and upon the conclusion of the argument of counsel the judge of the inferior court made and entered upon the docket the following order: Pursuant to this order, a mittimus in due form was issued, committing the defendant to jail, and under and by virtue of which he is not held in custody.
It is conceded that but one assault was committed, and that the assault and battery for which he was arrested and tried on the affidavit and warrant, and the assault with intent to ravish, for which he was committed, were the same offense. It is also admitted that there was no fraud or collusion in the suing out of the affidavit and warrant of arrest for the assault and battery. The case presented is whether or not the defendant was put in jeopardy in the proceeding against him for an assault and battery. That the inferior criminal court of Mobile county has final jurisdiction in cases of assault and battery is not questioned. This court, under ...
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People v. Barrow
...in People v. Perry, 265 N.Y. 362, 364, 193 N.E. 175, 177).5 Representative of the minority view to the contrary are State v . Blevins, 134 Ala. 213, 32 So. 637, 638 and State v. Purdin, 206 Iowa 1058, 221 N.W. 562, quoted in State v. Smith, 217 Iowa 825, 253 N.W. 130, and People v. McDaniel......
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State v. Birckhead
...A similar result was reached in an analogous case in Alabama. It involved the same legal and factual circumstances. State v. Blevins, 134 Ala. 213, 32 So. 637 (1902). In People v. Hunckeler, supra, defendant was put on trial for murder and pleaded former jeopardy. He had previously been ind......
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Connolly v. State
...to prosecute and try a person for a lower grade, and then put him on trial for a higher grade, of the same offense." State v. Blevins, 134 Ala. 213, 32 So. 637, 638 (1902). If the accused has been convicted of a lesser-included offense, he may not thereafter be prosecuted for the greater of......
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Hovey v. Sheffner
...where the objection to the use of the writ in such cases is presented. Such a case apparently is State v. Blevins, 134 Ala. 213, (92 Am. St. 32, 32 So. 637.) that case, however, upon a trial for assault and battery, the court, instead of pronouncing judgment on the charge which was tried, f......