O'Brien v. State

Citations

• 55 Fla. 146

Syllabus

<p>1. It is not the province of a demurrer to set out the facts; it involves only such facts as are alleged in the pleading demurred to, and raises only questions of law as to the sufficiency of pleadings which arise on the face thereof.</p> <p>2. The plea of autrefois convict consists partly of matter of record and partly of matter of fact. The matter of record is the former indictment and conviction, and the conviction here meant includes the sentence or judgment of conviction, and not merely the verdict of the j ury.</p> <p>3. Where the plea of autrefois convict fails to state any reason why the defendant could not again be tried for said offense, it may be treated as a nullity and stricken out on motion.</p>