19-101. Legal conviction necessary to punishment. No person can be punished for a public offense except upon a legal conviction in a court having jurisdiction thereof.
[(19-101) Cr. Prac. 1864, sec. 5, p. 214; R.S., R.C., & C.L., sec. 7350; C.S., sec. 8616; I.C.A., sec. 19-101.]