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POWELL v. STATE

4 Div. 565.

42 So.2d 693 (1949)

POWELL v. STATE.

Supreme Court of Alabama.

Rehearing Denied November 10, 1949.

Attorney(s) appearing for the Case

Alto V. Lee, III, and Huey D. McInish, of Dothan, for petitioner.

A. A. Carmichael, Atty. Gen., and Bernard F. Sykes, Asst. Atty. Gen., opposed.

BROWN, Justice.

We are of opinion that the writ of certiorari should be denied for the reason that the merit of the plea of former jeopardy cannot be tested by petition for writ of habeas corpus, but must be specially pleaded to the indictment or it is waived. Jordan v. State, 81 Ala. 20, 1 So. 577.

Writ denied.

FOSTER, LAWSON and SIMPSON, JJ., concur.

On Rehearing.

BROWN, Justice.

Under the agreed facts the petitioner, while...

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