FRANKUM, Judge.
1. Where defendant files a special plea of autrefois acquit the burden is upon him to prove such plea. Mance v. State, 5 Ga.App. 229 (1) (62 SE 1053). Where such plea depends not upon a trial and jury verdict but on a discharge because of the failure of the court to try him on his demand for trial, it is essential to sustain such a plea that the defendant show either a formal order of discharge or that the demand was made, and that at that term...
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