Yarbrough v. State

The defendant, Cecil Yarbrough, was convicted in the district court of Oklahoma county, of the crime of forgery in the second degree, and sentenced to serve five years’ imprisonment in the State Penitentiary.

The decisive question for determination of this appeal is ivhether the court erred in overruling the motion to discharge defendant and denying his plea of former jeopardy.

This case originally came on for trial on February 10, 1948. At that time, a jury Avas duly impaneled and SAVorn to try the case. The evidence of both the state and defendant Avas presented, and Avhile the court had…