O'Brien v. State

Ben O’Brien and Florence Cole O’Brien, having been convicted of first degree arson, prosecute this appeal.

They predicate error on the court’s refusal to sustain their plea of former jeopardy by reason of the following facts: Upon an information alleging the same acts as charged in the present information as constituting their offense, a jury was sworn and impaneled to try the case, and, after the introduction by the prosecution of some evidence to sustain the charge, on the motion of the county attorney the' court ordered the information dismissed, whereupon the present information was filed,…