Hines v. State

(After stating the foregoing facts.) The court erred in dismissing the plea of autrefois acquit. In the case of Lock v. State, 122 Ga. 730 (50 S. E. 932), the 2d headnote is as follows: "A plea of autrefois acquit is legally sufficient when it alleges that the offense in the second indictment is *296identical with the offense which was or could have been made the subject of investigation under the first indictment, and further alleges an acquittal under the first indictment in a court of competent jurisdiction.” In the opinion in that case Justice Evans said (p. 732): “The constitution of this…