The demurrer to the indictment was properly overruled. Lowe v. State, 134 Ala. 154, 32 So. 273; Wooster v. State,55 Ala. 217; Ex parte State, In re Brown, etc., 197 Ala. 419,73 So. 35.
The plea of former jeopardy will not lie in a case of this character. U.S. v. Lanza et al., 43 Sup. Ct. 141,67 L. Ed. 314; Gilbert v. State, ante, p. 104, 95 So. 502.
There is no error in the record. Let the judgment be affirmed.
Affirmed.