Garsed v. State

W. J. HARALSON, Supernumerary Circuit Judge.

Appellant was convicted of selling marijuana and sentenced to imprisonment for six years in the State penitentiary.

I

Appellant filed a plea of former jeopardy and demanded a jury trial of the issues. Demurrer was filed to the plea and sustained by the court. The plea was then amended. No responsive pleading was filed to the plea as amended, but the court heard evidence outside of the presence of the jury and found for the State.

The amended plea required that the State either demur thereto, file a motion to strike, or take issue thereon, in which…