State v. Williams

The appellant was convicted of attempted bnrgdary, and appeals from a judgment thereon. It appears that an information was filed on May 9, 1905, charging appellant with th!e crime. He filed a demurrer, which was overruled. He then entered a plea of not guilty, and on June 12, 1905, was tried to a jury. He was found guilty and then moved for a new trial, which was granted on August 26, 1905, solely upon the ground of misconduct of the jury. On September 2, 1905, the state was permitted, over the objection of appellant, to dismiss the first information and file a new one charging the. same…