State v. Barrett

The appellee was indicted for committing an assault upon the person of Nicholas Holt, with intent to murder him. Plea, not guilty. Afterwards the appellee withdrew this plea, and moved to quash the indictment. His motion was overruled, “to which ruling”— in the language of the record—“ the defendant excepted, and the defendant reinstates the plea of not guilty, and the cause' is set down for trial on the 25th day of the term.” On said 25th day of the term, the appellee filed a special plea of a former conviction. To this plea the State *435demurred for the want of sufficient facts; the demurrer…