Harris v. Smith

ELLETT, Justice:

The appellant appeals from a denial of his petition for a writ of habeas corpus. The facts of the case are as follows:

Mr. Harris was originally charged with the crime of uttering a fictitious check, but on motion of his counsel, that charge was dropped, and a '•ubstitute charge of forgery was made. He was tried and found guilty of the latter offense and was duly and properly sentenced to serve an indeterminate period in prison. He appealed that case, claiming that he had twice been placed in jeopardy for the same offense. This court affirmed the conviction. 1 Thereafter the…