Hendricks v. State

Frankum, Judge.

1. Where defendant files a special plea of autrefois acquit the burden is upon him to prove such plea. Mance v. State, 5 Ga. App. 229 (1) (62 SE 1053). Where such plea depends not upon a trial and jury verdict but on a discharge because of the failure of the court to try him on his demand for trial, it is essential to sustain such a plea that the defendant show either a formal order of discharge or that the demand was made, and that at that term of court and the next succeeding term, jurors were impaneled and qualified to try him and that he was present and ready for trial at…