Jones v. State

Section 22 of the state Constitution adopted in 1890 provides:

“No person’s life or liberty shall be twice placed in jeopardy for the same offense; but there must be an actual acquittal or conviction on the merits to bar another prosecution. ’ ’

And section 1416-, Code of 1906, Hemingway’s Code, section 1166, provides that — “when a defendant is acquitted on the merits of his case, . . . such acquittal shall be a- bar to any subsequent accusation for the same offense,” etc.

In order, therefore, to determine whether or not the appellant’s conviction of manslaughter on an indictment charging him…