State v. Johnson

Carey, J.:

The defendant filed written pleas, the first of which was the general plea of Not Guilty. The second was a special plea averring that Lorenzo C. King was not the nearest Justice of the Peace to the point of arrest, there then being a nearer Justice of the Peace, James K. Phillips, Sr.; and that upon his arrest and at his trial the defendant did plead and defend and show that fact by one competent witness. It is admitted on behalf of the State that all of the averments of fact in this special plea are true. It is also conceded that the defendant raised this defense as soon after his…