State v. Creechley

The defendant was charged by information with having committed the crime of perjury. He entered the pleas of “Not guilty” and “Former acquittal.” At the trial the jury returned a verdict of “Guilty as charged in the information,” hut made no finding upon the plea of autrefois acquit, and was discharged. The court afterwards entered judgment of conviction, overruled a motion for a new trial, and passed sentence of imprisonment in the penitentiary. Thereupon the defendant appealed.

1 It is contended for the prisoner that, the jury having failed to make a finding upon the plea of former…