Pope v. State

OPINION

DALLY, Commissioner.

The conviction is for assault with the intent to murder with malice; the punishment, imprisonment for twenty-five years.

The appellant was tried before two juries upon the same indictment charging that he “did unlawfully, voluntarily and with malice aforethought in and upon Shelia Diane Brumley make an assault with the intent then and there to murder the said Shelia Diane Brumley.”

The appellant argues he has been twice put in jeopardy for the same offense in violation of the Fifth Amendment to the Constitution of the United States. The Fifth Amendment’s Double…