Rickles v. State

SOMERVILLE,' J.

In criminal procedure, a plea of autre-fois acquit, or convict, is necessary in order to authorize the introduction in evidence of a former proceeding, establishing the acquittal or conviction of a defendant charged with any crime. The record of such proceeding can not be offered in evidence under the general issue.—Wharton’s Crim. Ev. § 592; 2 Hale’s P. C. 241. And it has been held by this court, that, when issue is joined on such special plea, and that of *539not guilty, it is irregular to submit both issues to the jury at the same time; the issue joined on the special plea must…