Davis v. State

The defendant Davis was tried and convicted of an assault with intent to murder.

He, on the trial, filed a special plea of former conviction, and also pleaded not guilty. Both pleas were submitted to the jury'at the same time, and the evidence adduced in support of them. The only point of error which it is thought necessary to notice in the case is, that the jury found a verdict of guilty, on the plea of- not guilty, without any response to the special issue of former conviction.

The Code of Criminal Procedure provides .that “ when there “ are special pleas upon which the j ury are to find,…