Spears v. State

SIMPSON, Judge.

The question of double jeopardy (the sole question urged to reverse the judgment below) is not here presented so as to authorize consideration by this court. .

There was no plea of autrefois convict. The defendant sought to raise the issue by a motion in arrest of judgment. “It is generally held that the defense of former jeopardy cannot be raised for the first time on a motion in arrest of judgment, since such former jeopardy does not appear in the record of the trial.” 23 C.J.S., Criminal Law, p. 1338, § 1524. We assume it to be safe for us to follow the general rule.

A further…