Spivey v. State

Conviction is for theft of cigarettes of the value of more than $50.00 from M. M. Stevenson, the date of the offense being alleged as on or about June 15, 1939. Punishment was assessed at 2 years in the penitentiary.(1) Appellant filed a plea of former jeopardy which was overruled by the trial court without hearing evidence thereon. This action is urged as erroneous and is complained of in bills of exception Nos. 1 and 20. If the plea of former jeopardy was good on its face if supported by proper evidence, the action of the trial court in overruling it without hearing evidence in support of…