
    CONSTITUTIONAL COURT, COLUMBIA,
    APRIL, 1807.
    State v. Howard.
    A special plea in bar to an indictment is proper, as it amounts to the general issue; and under the general issue, any thing may be given in evidence, which is proper to be pleaded in bar.
    Indictment upon the act of assembly.to provide for the mainteance of illegitimate children, passed in December, 1795. The defendant pleaded that he never had been brought before a magistrate, and required to enter into a recognizance as directed by the act. This plea was objected to at the trial in Richland district, and was ordered to be disregarded by the judge, (Trezevant) and a verdict was found against the defendant. '
    Motion for a new trial in this court, by Esau, for the defendant.
   Per totam curiam.

The defendant, upon a criminal prosecution, may give in evidence any fact, or circumstance, which can operate in his favor, under the general issue not guilty ; and there was no necessity in this case to plead specially, as every thing which could properly be given in evidence, under the plea so specially pleaded, might have been given- in evidence upon the general plea of not guilty.

.Motion discharged.  