Cliett v. State

Without passing upon the question as to whether or not an oral motion to strike is the equivalent of a formal written general demurrer, we are of the opinion that the motion .to strike the plea in this case should not have been sustained; for the court is of the opinion that the facts pleaded by the defendant constituted a good plea of former jeopardy. We assume that the defendant was out on bond, and that his absence was voluntary; because it is to be inferred that if he was then confined in jail and'his absence was enforced, that fact would have been pleaded. Counsel for the defendant and…