Barnes v. State

Appellant was charged by two indictments with the crime of rape and the crime of robbery filed September 21,1961. By agreement the charges were consolidated for trial, appellant being first tried by jury on January 29, 1962. Such trial resulting in a disagreement and the discharge of the jury. Thereafter, on July 31, 1962, appellant was again tried by jury, again the jury was unable to agree and was again discharged. Appellant was tried by jury for the third time on January 21, 1963, such trial resulting in his conviction on the charge of rape and acquittal on the charge of robbery.

The issues…