Pitner v. State

Roberts, Chief Justice.

This is an appeal from the judgment of the District Court in the case of habeas corpus, wherein it was determined by the court that this was not the proper remedy to try the issue of autrefois acquit. In this the court did not err. The appropriate remedy, if the appellant is entitled to any, is by a special plea entered in the court in which the indictment is pending, under *579which the appellant is imprisoned. (Paschal’s Dig., art. 2951.) The indictment for assault with intent to murder is still standing in full force against him in a court of competent jurisdiction, and…