Darsey v. State

1. Where a defendant on trial for murder enters a special plea in bar, of former jeopardy and autrefois convict, in which' he alleges that at a previous term of the court he was tried under the same indictment and regularly convicted by the jury of the offense of involuntary manslaughter, and that the court refused to accept this verdict, and afterwards, over his objection, illegally declared a mistrial in the case, which was a nullity, that the verdict of involuntary manslaughter still stands and is a legal verdict, and should stand against him because he was convicted of that offense and…