Deyoung v. State

ON APPELLANT’S motion for rehearing

WOODLEY, Judge.

*631Appellant complains of our disposition of his bills of exception relating to the plea of former jeopardy; and also of our overruling other bills without discussion. In the light of counsel’s motion and oral argument, we will further discuss his claims of error.

It is settled law that the defendant may not claim the defense of former jeopardy because of a discharge of the jury at his request or with his consent. See 12 Texas Jur., p. 551, Par. 235; Branch’s Ann. P.C., p. 325, Sec. 636.

The excusing of a juror occurred at a former trial and, in…