Gibson v. State

Maxwell, J.:

January 30, 1888, plaintiff in error was convicted of murder in the first degree. A new tridl was granted on his motion, and while the case was still pending another indictment was found against him for the same offense. Subsequently a nolpros was entered as to the first indictment. Thereupon plaintiff in error filed a plea of autrefois acquit to the second indictment, alleging that he had been put in jeopardy of his life by the trial under the first. The State Attorney demurred to this plea, and the Court sustained the demurrer. A trial was then had on the plea of not guilty, a…