CORBETT v. STATE

5 Div. 654.

91 So.2d 509 (1956)

Wylle CORBETT v. STATE.

Supreme Court of Alabama.

December 21, 1956.


Attorney(s) appearing for the Case

John Patterson, Atty. Gen., Bernard F. Sykes and Edmon L. Rinehart, Asst. Attys. Gen., for petitioner.

Geo. P. Howard, Wetumpka, opposed.


SIMPSON, Justice.

The majority of this Court entertains the view that the conclusion reached by the Court of Appeals is correct.

For the purposes of this opinion, the relevant facts will appear in the dissenting opinion of Mr. Justice MERRILL of this Court and the opinion of the Court of Appeals.

The underlying rational of the majority of the Court is that the defendant had the right to waive his plea of former jeopardy with respect to the charge of...

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