Jones v. State

Ed. F. McFaddin, Associate Justice.

Two issues are presented on this appeal: one is the plea of former jeopardy; and the other is the appealability of the judgment refusing to discharge the accused.

Information was duly filed, charging the appellant, Hiram “Jimmie” Jones, Jr. with the crime of first degree murder for the homicide of George Stockton, Jr. The trial commenced in the Circuit Court on October 7, 1957; eleven jurors were selected that day; on October 8th. the jury was completed and sworn to try the case (§ 43-2109 Ark. Stats.); and two witnesses were examined. The first witness, Lt.…