State v. Runyon

Lively, Judge:

The trial court, on its own motion, certified its action in holding insufficient a plea of autrefois acquit tendered by the defendant, Joe Runyon.

Runyon was indicted for murder at the April term 1924 of the lower court. The indictment charged that the accused,1 ‘ on the-day of December, 1924, * * * did slay, kill and murder one George Ooten”.

Upon the trial of the case, defendant’s demurrer to the indictment was overruled, and he entered a plea of not guilty. Evidence was taken, instructions given and arguments made. After the jury had retired to consider their verdict, the…