Ex Parte Spelce

Defendant interposed a plea of former jeopardy. The state’s demurrer was sustained. Defendant complains of this ruling as error and insists that the sufficiency of the plea should be determined on the facts therein alleged. The substance of the plea was that the jury on a former trial had been discharged without a verdict, and that the order for such discharge failed to show a sufficient reason therefor. On the day on which the plea was filed, the same being a day of the term at which the former trial had been had, the judg'e of the circuit who had presided at the former trial, acting ex…