Hutchings v. State

*585OPINION

MORRISON, Judge.

The offense is felony theft with three prior non-capital convictions alleged for enhancement; the punishment, life.

Appellant’s first ground of error is that his plea of former jeopardy should have been sustained by the court because the appellant had previously been tried and acquitted for the offense of burglary growing out of the same transaction.

No plea of former jeopardy was filed in the trial court. The matter was raised after the motion for new trial was overruled. In Hill v. State, 186 S.W. 769 and in Watson v. State, 282 S.W.2d 715, we held that the plea of…