State v. Houchins

Lively, Judge:

The judge of the criminal court of Raleigh county, upon joint request of the prosecuting attorney and counsel for defendant, has certified for review his ruling upon a demurrer to a plea of autrefois acquit tendered and filed by defendant upon being arraigned for trial on an indictment for a felony.. The questions propounded as having arisen are: (1) “Does said plea present a good defense to the indictment as a matter of law?” (2) “Do the facts set up and pleaded in said plea raise a question of fact to be decided by the jury, or a mere matter of law to be decided by the court?”…