COOPER v. STATE

(75 South. 624) (3 Div. 286.) COOPER v. STATE. (Court of Appeals of Alabama. May 29, 1917.) Criminal Law <&wkey;200(2) — Former Jeopardy. A conviction for assault with intent to murder is not precluded by a previous conviction for carrying a pistol concealed about accused’s person or on premises not his own, on theory that defendant had previously been placed in, jeopardy. [Ed. Noto. — For other cases, see Criminal Law, Cent. Dig. §§ 347, 388-393.] Appeal from. City Court of Montgomery; Gaston Gunter, Judge. Allen Cooper was convicted of assault with intent to murder, and appeals. Affirmed. Brassell & Brassell, of Montgomery, for appellant. W. L. Martin, Atty. Gen., for the State. [MAJORITY — BRICKEN, J.] BRICKEN, J. The defendant was indicted, tried, and convicted for the offense of assault with intent to murder. Before pleading to the indictment, the defendant interposed a plea of former jeopardy, setting up that he had already been convicted of the offense 'of carrying a pistol concealed about his person or on premises not his own or under his control. Demurrers to this1 plea were interposed and sustained by the court, and it is here insisted that the court erred in sustaining the demurrers. It needs1 no citation of authorities in holding that the court committed no error in sustaining the demurrers to the plea of former jeopardy, as said plea was no answer- to the indictment in this case. This being the. only question presented for review, and there being no error in the record, an affirmance must follow. Affirmed.