ISSUE OF FACT DEFINED.

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. History: [(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.]