MODE OF TRIAL — FORMATION OF TRIAL JURY — POSTPONEMENT OF TRIAL
19-1901. Issue of fact defined. An issue of fact arises:
1. Upon a plea of not guilty.
2. Upon a plea of a former conviction or acquittal of the same offense.
3. Upon a plea of once in jeopardy.
[(19-1901) Cr. Prac. 1864, sec. 311, p. 250; R.S., R.C., & C.L., sec. 7780; C.S., sec. 8903; I.C.A., sec. 19-1801.]