Treadaway v. State
| Decision Date | 17 January 1922 |
| Docket Number | 6 Div. 912. [*] |
| Citation | 92 So. 529,18 Ala.App. 409 |
| Parties | TREADAWAY v. STATE. |
| Court | Alabama Court of Appeals |
Rehearing Denied Feb. 21, 1922.
Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge.
George Treadaway was convicted of violating the prohibition law and he appeals. Affirmed.
Pinkney Scott, of Bessemer, for appellant.
Harwell G. Davis, Atty. Gen., for the State.
The defendant filed two pleas in abatement, the first being as follows:
"Comes this defendant, and for his plea in abatement says that prior to the time this warrant and affidavit issued against him he was arrested, tried, and convicted under a charge of the same identical offense as charged herein, he was the same the identical defendant in that same said charge, that the same the identical facts were the same as here relied on in this same case, which said trial and said charge was had and did take place in the recorder's court of the city of Bessemer, Jefferson county, the state of Alabama, which said court had and took jurisdiction of both the subject-matter and of the defendant and of the same the identical case as made and the identical facts as set out in this affidavit and warrant, from which said conviction in said recorder's court this defendant appealed said case and which is now pending before this honorable court, which is the same the identical case as made and as now being prosecuted by this same warrant and affidavit in this case that the said arrest, said conviction, said trial, and said appeal all took place and had been had and done prior to the time of making this affidavit and this warrant; therefore this defendant prays that this suit abate, and be hence dismissed from this honorable court."
Granting that both cases were one and the same and both charged a violation of the same state law, they were at the time of this trial both pending and undisposed of in the same court and before the same judge; the one instituted in that court by the state and the other brought there by the appeal of the defendant thereby constituting a waiver of any jeopardy by reason of the original trial of defendant before the recorder. Both were pending for trial on the merits, and the state could elect as to which to try, and if both were charges brought by the state, as alleged in the plea, and were the same, the conviction in one would be a bar to the other, but the plea is not good in abatement, and was subject to the demurrer. Gibson v. State, 15 Ala. App. 12 72 So. 569; Bell v. State, 115 Ala. 25, 22 So. 526. The case of Sherrod v. State, 197 Ala. 286, 72 So. 540, presents a case of conflict in jurisdiction, which is not at all the case here.
Plea B is faulty also. Among other objections it does not allege the pendency of the cause in another court of competent jurisdiction.
It having been shown that a quantity of whisky was found in the back room of defendant's place of business, the front room opening on the...
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Brown v. State
...a waiver and may not be made the object of a motion for a mistrial at a later time in the proceedings. See also Treadaway v. State, 18 Ala.App. 409, 92 So. 529 [(1922)]; and Howton v. State, 21 Ala. App. 237, 107 So. 28 [(1926)]." Watkins's response was unsolicited by the State, and Brown d......
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Woods v. State
...request was for an exclusion of the volunteered unresponsive answer. See Ivory v. State, 237 Ala. 344, 186 So. 460. In Treadaway v. State, 18 Ala.App. 409, 92 So. 529, we 'The answer of the witness Williams, 'Yes, sir. I have seen and arrested lots of niggers right on the corner of Fifth av......
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Welch v. State
... ... If, as matter of fact, ... there were two cases of the same kind and character, the ... trial and determination of the one might be pleaded in bar of ... a prosecution in the other, but the pendency of the one could ... not abate the prosecution of the other. Treadaway v ... State, 18 Ala. App. 409, 92 So. 529; Whitaker v ... State, 21 Ala.App. 114, 105 So. 433 ... At the ... beginning of the trial the defendant filed his motion to ... quash the venire, on the ground that the jury box from which ... the venire was drawn had been prepared in a ... ...
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Massey v. State
...a waiver and may not be made the object of a motion for a mistrial at a later time in the proceedings. See also Treadaway v. State, 18 Ala.App. 409, 92 So. 529; and Howton v. State, 21 Ala.App. 237, 107 So. During closing argument, counsel for the State asked: '. . . I want to ask you in th......